A Review of Developments in Industrial Relations 1970-1971

Conciliation and Arbitration Act 1970, noted in this Journal, vol. 12 (1970), pp. 366-71.

For example, see my comments in "The Practice of the Commonwealth Industrial Court in Strike Cases", Autsralian Lawyer, vol. 7 (1968), pp. 137-60.

Inserted by the Conciliation and Arbitration Act 1965.

Industrial Arbitration (Amendment) Act 1964 (N.S.W.), noted in this Journal, vol. 7 (1965), p. 76.

Hansard (Senate), June 17-18, 1970, pp. 2512, 2684.

See Industrial Information Bulletin, vol. 25 (1970), p. 2020.

For example, contrast the theme of the leader in the Sydney Morning Herald, March 25, 1971, "the law (whatever it is) must be upheld", with the opinion of Fred Wells, its reporter, in the issue of the same date, that there was ''in fact, room for manoeuvre on both sides".

Hansard (Senate), April 1, 1971, p. 732.

Education: Journal of the N.S.W. Teachers' Federation, April 14, 1971.

Conciliation and Arbitration Act 1904-1970, s.32A.

Ibid., s.119.

In the United Kingdom, the Emergency Powers Act 1920; and in Victoria, the Essential Services Act 1948, now the Essential Services Act 1958.

See the National Emergency (Coal Strike) Act 1949 (Comm.).

For example, Industrial Arbitration Act 1940 (N.S.W.), s.99(a).

Thus, T. E. F. Hughes, Q.C., until a short time before the Federal Attorney-General, was reported as saying that price-fixing by groups of businessmen through private compacts is destructive of the element of competition that is supposed to be the hallmark of a free enterprise society (Sydney Morning Herald, March 30, 1971).

At the last election for the Australian House of Representatives, the Government parties won 65 seats on 43.5 per cent of the votes, while the Labor Party won only 58 seats on 46.8 per cent of the votes (Hansard (H.R.), April 9, 1970, p. 1020).

See the complaint by Sir Thomas Wardle, Lord Mayor of Perth ("Tom, the Cheap Grocer"), in Sydney Morning Herald, March 24, 1971, that Dunlops were still refusing to supply his discount store.

The result of a strike by sewerage workers early 1971.

Harry H. Wellington , Labor and the Legal Process, New Haven, 1968, p. 269.

See the details of the Clutha Development Pty. Ltd. Agreement Act 1970 (N.S.W.).

Sydney Morning Herald, April 12, 1971.

Ibid., April 13, 1971.

Ibid., April 13, 1971.

It was reported that the New Zealand Federation of Labour was interested in having discussions with the A.C.T.U. on union ventures into business, although it appears that New Zealand unions' business involvements are already more extensive than the modest attempts by Australian unions; Sydney Morning Herald, April 14, 1971.

Hansard (H.R.), February 25, 1971, p. 637.

Sydney Morning Herald, February 26, 1971.

Re Marine Pilots Award (August 31, 1971, Gallagher J.), 1970 A.I.L.R. Rep. 377, upheld on appeal (November 6, 1970), 1970 A.I.L.R. Rep. 532.

Sydney Morning Herald, April 5, 1971.

See the comments in Annual Report of the President of the Industrial Commission of N.S.W. for 1968, p. 11, and note the case of Watkins v. Hanrahan (September 3, 1968, Richards J.), 1968 A.I.L.R. Rep. 345, where the prosecutor in a wrongful dismissal case was temporarily defeated because of a technical defect in his title of secretary to the union.

The latest case in the series is Steuart v. Oliver (January 19, 1971, Commonwealth Industrial Court), 1971 A.I.L.R. Rep. 21.

See Annual Report of the President of the Industrial Commission of N.S.W. for 1969, p. 11. Since this paper was given, the writer has learnt that Federal and State Governments are seeking a solution that will be acceptable to all parties, but apparently progress is slow.

(December 14, 1970), 1970 A.I.L.R. Rep. 572. See also K. Sloane, "The National Wage Case'', this Journal, vol. 13 (1971), pp. 86-91.

(October 16, 1970), 1970 A.I.L.R. Rep. 465.

See the note in this Journal, vol. 13 (1971), pp. 92-5.

Decision of the Coal Industry Tribunal of July 30, 1970, 1970 A.I.L.R. Rep. 297.

Re Pastoral Industry Award (June 17, 1970), 1970 A.I.L.R. Rep. 235.