Date published: 24/09/03

WA Industrial Relations Commission celebrates its centenary year.

FULL BENCH CENTENARY SITTING - Transcript of proceedings

The 2001 reporting period marks the centenary of the establishment of legislation to provide a means of dealing with industrial disputes by the establishment of the predecessor to this Commission.

The Industrial Conciliation and Arbitration Act 1900 (64 Victoria 20) came into effect on 5 December 1900 and was, with 47 other statutes, ¹ the last Parliamentary activity of the Parliament of the Colony of Western Australia.  The Colony became a State following the July 1900 WA referendum which resulted in a vote in favour of the Colony joining the proposed Commonwealth of Australia, as a sovereign state from 1 January 1901, just 26 days after the predecessor to this Commission was established.

Similar legislation had been introduced in 1899 but did not proceed beyond the Assembly Committee stage before Parliament was prorogued. ²

The Industrial Conciliation and Arbitration Act of 1900 established a Board of Conciliation for each "industrial district" ³ and one Board of Arbitration for the whole colony.  Being new legislation, often described during the Parliamentary debates as "experimental", ⁴ the industrial relations community was slow to embrace either Board and the first Board of Conciliation did not sit until 11 July 1901 ⁵ .  The Board of Arbitration did not sit at all under this legislation.  It was suggested the Board was not able to sit as the employer representative appointed to it, absented himself overseas after the Act came into being and did not return until it was amended in 1902. ⁶ In any event the Board did not sit for the first time until 2 April 1902 ⁷ by which time the original act had been amended. ⁸

This very early attempt at conciliation before arbitration was described as being "not only ineffective but (the Boards) were eventually entirely ignored by the parties" and in 1912 "were finally removed from the system". ⁹

The history leading up to the establishment of this first attempt by the state to regulate industrial relations does not indicate widespread industrial unrest or other dire and pressing reasons for its enactment.  However there were two major strikes 10  which, because of their disruption of a substantial part of the Colony, were probably a significant reason why the legislation was enacted when it was, notwithstanding there had been, for many years, a measured and orderly movement towards such state regulation. ¹¹

Western Australiaýs progress towards compulsory arbitration has also been seen as unique for Australia in that the legislation emerged from prosperity, in contrast to the other colonies (as they then were) where they emerged from more stringent economic circumstances.  ¹²

These strikes in 1899 and 1900 provided the sharp focus for what was often referred to as a "barbarous" weapon ¹³ and the growing organisation of labour in the colony, ¹⁴ applying both industrial and political pressure, caused the Government to pass this legislation in the final Parliamentary session of the Parliament of the Colony of Western Australia.  One member described the legislation as being able to prevent strikes because the Bill was "founded on physiology" and "stood on higher ground" and it "dealt with life instead of material".  ¹⁵ 

The 5 week Lumpersý Strike of March/April 1899 is noted mainly because it was the first major industrial dispute to be settled by formal arbitration.  In fact it is noteworthy for another reason, being settled by divine intervention of a holy trinity.   The employers would not concede the principle of arbitration but they and the union agreed to have the matter arbitrated by Bishop Riley, Bishop Gibbney and the Rev Rowe. ¹⁶ The result was largely a loss for the Lumpers ¹⁷ but historically important for the recognition of organised labour and the right of collective bargaining, through a union, notwithstanding that the law at the time still saw such ýcombinationsý as illegal. ¹⁸

One can point to immediate, medium and long term reasons why the legislation was passed when it was.

An immediate reason for passing the legislation was because of a proposed motion of no confidence in the Forrest Government in August 1900. ¹⁹ The Premier, Sir John Forrest, had indicated that if it was successful the Government would resign, ²⁰ meaning the legislation would not be able to be passed.  There was a TLC deputation to the Premier seeking the Premierýs assurance that the Government would press on with the legislation. ²¹ Following that meeting, the TLC passed a motion that any member of Parliament that voted to delay the legislation by supporting a vote of no confidence "will be looked upon as an enemy of labour". ²² The no confidence motion was ultimately defeated.  ²³

A medium term cause of the legislation was the discovery of gold in Western Australia.  Gold was discovered as early as 1885 in the Kimberley  ²⁵ but it was the Irishman's find at Hannans (later Kalgoorlie) which promoted a gold rush from the eastern states. ²⁶ At one stage the population of WA was made up of nearly as many Victorian born people as were born in WA ²⁷ and it was at the Victorian goldfields that the Eureka dispute occurred. ²⁸  This may have been the birth of organised labour because the first major national industrial strike in Australia, the Shearersý strike of 1890 at Barcaldine ²⁹ used the Eureka flag. ³⁰   In any event this significantly incresed population in Western Australia, which after about 1896 gradually turned from prospecting to working for wages, caused a significant increase in people working for wages, which in turn lead to their concern to receive fair employment conditions. The pressure from the Goldfields undoubtedly was a significant factor in producing industrial and political pressure for the enactment of industrial dispute settling legislation.  ³¹

The bigger international picture shows that the last decade of the 19^th century was also the years which started to produce a raft of social legislation to provide better protection for the "working classes". ³²  Such social and employment legislation inevitably followed to the Eastern colonies of Australia and eventually to Western Australia. ³³

Accepted wisdom has it that the WA legislation was modelled on the then existing New Zealand legislation ³⁴ and the Parliamentary debates clearly show the Government Bill was modelled on the NZ Act ³⁵ and they also showed a marked reluctance to depart even slightly from that New Zealand statute. ³⁶ However there is some conjecture as to whether it was in fact "New Zealand" legislation. In 1892 the then Attorney General of the South Australian Parliament, Charles Kingston, introduced an Act to regulate industrial disputes but it failed to pass through that parliament. ³⁷ Kingston wrote a pamphlet on the proposed legislation, ³⁸ gave evidence to a NSW Royal Commission in 1891 ³⁹ and communcated with W Pember Reeves the NZ Attorney General ⁴⁰ who introduced the legislation in that Country. ⁴¹ His biographer writes that the Act was Pember Reeves own words, ⁴² but other commentators have "disputed the paternity" ⁴³ of compulsory legislation in Australasia, instancing Kingston's influence on the NZ legislation.  Mr Justice Backhouse, in his report on another NSW Royal Commission, said that

"In fact, Mr. Kingston should get the credit of being the first to introduce such legislation, as his scheme was submitted to his parliament before that of Mr. Reeves was to his. ⁵²" at page 34

Further evidence from is quoted by Sykes & Glasbeek, ⁵¹ incorporating some of the Official record of the report of the "National Australasian Convention Debates" (1891) 2 March to 9 April 1891 at page 688,

"It is no surprise at all therefore; to find Kingston in 1891, proposing a clause in the debates on the of Australia Bill which would give the federal government power for "the establishment of courts of conciliation and arbitration having jurisdiction throughout the Commonwealth for the settlement of industrial disputes".  The proposal was soundly defeated by a vote of 25 to 13."

In any event the NZ legislation was the first compulsory arbitration in the world ⁵⁵ and at the time the WA Parliament was debating the NZ legislation it had had 6 years experience with many favourable reports, ⁴⁴ so it is not surprising that with such ýexperimental legislationý the WA Government was keen to reflect the NZ experience in this Colony.

There is a lot of mention these days of the need for a "living wage" but it is not a new concept by any means and it was in fact suggested that it should be included in the original Act.  ⁴⁵

The Act excluded, apart from Railway employees, employees of the State. ⁴⁶ There was considerable support to have the legislation apply to state employees ⁴⁷ and the parliamentary debate on this point produced some high drama and interesting invective.  The member for East Coolgardie, Mr CJ Moran thought that the amendment to include state employees  "would carry us back to the days of the Star chamber and to irresponsible government"  because it would place "under an irresponsible Board, the power to tax this parliament" by giving away the control of the Colonyýs finances to a "small irresponsible body",  "this  dens ex machina, this idol called an Arbitration Board". ⁴⁸  He foresaw that an Arbitration Board might award wages to state employees that the state could not aford.  In any event, the motion to include state employees was defeated by only one vote. ⁴⁹

His view was perhaps at odds with that of the Colonial Secretary who said

"I was much struck with an expression in a speech made by Mr. Wise in introducing the Bill, with very little variation, into the Parliament of New South Wales. Mr. Wise said that the fears entertained by numbers of people as to the operation of the Act in New South Wales could not be sustained. ---"We are not to take it for granted that three fools " - I think those were the words-- "would preside over the Court of Arbitration.". They are to be sensible men, honest men, men who will bring to the discussion of the questions remitted to them intelligent and honest minds; and the fears that they would decide against common sense and the necessities of business arrangements are baseless." ⁵⁰

Apart from the male only reference, perhaps the last 100 years history is enough for the community to reach an informed conclusion about such matters.

John Spurling
Registrar

References

1	The IC&A Act was one of 49 statutes that was passed between 15 Aug 1900 and 5 Dec 1900, the last parliamentary session of the colony.  WA Newspapers 7 December 1900 "Parliament - The Work of the Session".
2	Hansard Assembly page 2928 (1899)
3	Section 31.  Initially there were 4 industrial districts.  See Dufty page 17 in Chapter 6 of "A HISTORY OF COMMERCE AND INDUSTRY IN WESTERN AUSTRALIA, The Development of Industrial Relations in Western Australia, THE EARLY YEARS"  Firkins (ed)  UWA Press 1977.
4	Hansard 25 Sep 1900 page 621; 626, 10 October 1900 page 922, 16 October 1900, 16 Oct 1900 "purely experimental, beautiful in theory, but unproved by practice" page 1008, page 1013, Hon A Jameson page 1759
5	Vol 1 WA Arbitration Reports page 1.
6	Dufty page 12.  Discussion paper No. 11 Arbitration in WA - The early Years.
7	Vol 1, WA Arbitration Reports, page 12
8	"In February 1902 it was repealed and replaced by the present Act",  page (iii) of Preface to Vol 1, WA Arbitration Reports
9	Marcelle Brown  Western Australian Industrial Relations Law  UWA Press 1987  page 2
10	Lumpers Strike March - April 1899  (WA Newspaper March through April 1899) Railway Strike January 1900 (WA Newspaper 11 January 1900) Hansard, second Reading debate 9 Oct 1900 at page 887; THE COLONIAL SECRETARY: Even conciliation because if labour were on a good footing in the colony and no grievances crop up to be conciliated but what the employer and the employee were working in harmony together that would be a most desirable state of affairs. That we have not had a great deal of trouble in this country all of us no doubt are glad to say. We have had one specimen however which has made us look carefully into these things: I refer to the strike which took place not long ago and which was likely to be very disastrous to the colony; the strike in the Railway Department.
11	As early as 1897 the matter was raised in parliament (Legislative Assembly 20 October 1897  page 91) and had been part of the TLC agenda prior to that. Eg, at Hansard page 415 in the Second Reading Debates on 13 September 1900, MR. ILLINGWORTH: The people interested in this matter know it is not any newfound affection on our side. We have been working for this legislation for years and if there is any newfound affection we shall have to locate it on the other side of the House and not on this. I should like some explanation. And again at page 416. MR. JAMES: I think we ought to make it abundantly clear to the House and to the country that this (Opposition) side of the House always has been in favour of the legislation now proposed to be introduced. Not only last year but the year before members on this side of the House raised their voices in favour of such a measure. I have a keen recollection that I was called "the member for New Zealand" by the right hon. gentleman because I was urging on this House the adoption of legislation of the kind we now have before us. That period has passed away and last session a Bill was introduced but it was deliberately kept back by the right hon. gentleman because he did not intend to carry it into force. THE PREMIER: That is not accurate. MR. JAMES: I am only expressing my opinion.
12	Gerry Treuren, University of SA.  'Economic transformation, social reform and the establishment of arbitration. The case of Western Australia, 1890 1900' - Bertola and J. Bailey (eds.), Proceedings of the 5th Conference of the Australian Society for the Study of Labour History, Perth, 1997.
13	Hansard: 18 Sep 1900, Attorney General at page 462, Assembly Second Reading. Also Hon JW Hackett at page 1001, 16 October 1900.   Also page 1017.  Also described as ýa cruel, a barbarous and an unequal weaponý  Hansard 16 October 1900, at page 1003 by JW Hackett.
14	A HISTORY OF COMMERCE AND INDUSTRY IN WESTERN AUSTRALIA,  Chapter 6 The Development of industrial Relations in Western Australia, by NORMAN DUFTY,  page 180-181
15	Hansard, 15 November 1900, Council, at page 1706, by the Hon.(Dr)  A. Jameson
16	WA Newspaper 5 April 1899 ý Arbitrators Appointed.  "The Lumpers nominated Rev GE Rowe as their arbitrator and the employers nominated Bishop Gibbney.  The arbitrators chose Bishop Riley as the umpire."
17	ARBITRATION IN WESTERN AUSTRALIA - THE EARLY YEARS, Discussion Paper No. 11 Western Australian Centre for Labour Market Research, Perth, 1986.  Norm Dufty, at Page 5,  "Although little had been achieved in the material sense..."
18	It wasn't until Parliament passed the Conspiracy and Protection of Property Act (64 Victoria No. 19) that combinations of workers became protected form prosecution.  That Act legalised trade unions in these words: "An agreement or combination by two or more persons to do or procure to he done any act in contemplation of furtherance of a trade dispute between employers and workmen shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime." "The purposes of any trade union shall not by reason merely that they are in restraint of trade be deemed to be unlawful so as to render any member of such trade union liable to a criminal prosecution for conspiracy or otherwise." F. K. Crowley, 'Master and Servant in Western Australia. 1851-1901', WA Historical Society  Journal No. 4, (1954), at page 30.
19	This motion was introduced in the address in reply debates during August 1900. Hansard 21 August 1900 at page 43 by the Leader of the Opposition, Mr Illingworth. "We desire, however, most respectfully to inform your Excellency that your advisers no longer retain the confidence of a majority of the members of his House." See also J Merritt, George Foster Pearce and the WA Labour Movement, University Studies in History Vol 4 (3) 1965 pages 19-84 at page 65.
20	Hansard 21 August 1900 at page 37 - statement by Leader of the Opposition; Then, during recent days, we have had in the public Press - and I do not think we have any reason to doubt the report in this instance as, the Press is generally accurate in its statements -  a report showing that a most peculiar circumstance has arisen; for we have heard of a meeting having been called by the right Hon the Premier, and we have heard that in the meeting, or if not, in the meeting we have heard it outside, that the Premier has expressed in strong terms his intention to ask for a dissolution of the Assembly in the event of an adverse vote being carried on the floor of this House.  I call attention to this, before any motion is tabled, that this House has been threatened with a dissolution, and I want to call attention, to the absolute unconstitutional nature, of this proceeding
21	Hansard 13 Sep 1900 at page 419. MR. WILSON: What did the Premier say to a deputation of the workers the other day when the no confidence motion was before the House? He said that the Opposition were trying to stop this measure. THE PREMIER : So you were then?. MR. WILSON: And he sent the leaders of the labour party to the leader of the Opposition to threaten him with political death if he did not keep the Forrest Ministry in power until this measure was  passed. The Premier must think we are easily frightened.
22	J Merritt, George Foster Pearce and the WA Labour Movement, University Studies in History Vol 4 (3) 1965 pages 19-84 at page 66. "That any member of parliament who by voting to close the session or otherwise tries to block the passing of the industrial Conciliation and arbitration Bill, will be looked upon as an enemy of labour" Later, in the House of Representatives, Hugh Mahon (Coolgardie), repeated the story (APD, 1904, 22:5157) ... the right honourable gentleman told the deputation that he would introduce the Bill if the deputation would induce certain members of the Legislative Assembly of Western Australia, who were threatening to vote for Mr. Illingworth's motion, to support himself. Forrest replied 'That is absolutely incorrect' but Mahon finally made his point by producing a letter confirming the story from two Senators who were members of the deputation - Pearce and Croft (APD 1904, 22:5217). There had also been some further confirmation in the debate in the Western Australian Assembly when James said that Forrest had introduced the Bill '-to save himself from political death' ( WAPD, 1900, 17:416). From Dufty - The early Years
23	A HISTORY OF COMMERCE AND INDUSTRY IN WESTERN AUSTRALIA,  Chapter 6 The Development of industrial Relations in Western Australia, by NORMAN DUFTY,  page 180
24	Hansard 30 August 1900 at page 213.  defeated 22 votes to 16.
25	Golden Destiny - The centenary history of Kalgoorlie Boulder and the Eastern Goldfields of WA by Martyn and Audrey Webb published by the Kalgoorlie Boulder Councils as a contribution to the Centenary celebrations 1993.  (at page 15)
26	Patrick Hannon registered his claim at Coolgardie on 17 June 1893.  Golden Destiny ý The centenary history of Kalgoorlie Boulder and the Eastern Goldfields of WA by Martyn and Audrey Webb published by the Kalgoorlie Boulder Councils as a contribution to the Centenary celebrations 1993.  (at page 91)
27	See Table 6.5 at page 225 of "A New History of Western Australia" Edited by CT Stannage.  Chapter 6. Western Australia: Economic and Demographic Growth 1850-1914 from page 211.
28	August 1851 - Discovery of alluvial of gold at Ballarat By 1854, miners held many grievances against what they believed to be a corrupt and unjust goldfields administration and the brutal policing of an unfair licence system introduced by Lieutenant-Governor La Trobe, Many of the authorities' most vocal critics were working on the Eureka Lead, an Irish stronghold in Ballarat East. June 1854 Sir Charles Hotham appointed Lieutenant-Governor. Orders twice-weekly checks of licences. 6 October 1854 James Scobie, a miner, kicked to death. Four men, including James Bentley, owner of the Eureka Hotel, acquitted. 17 October 1854 Meeting of miners angry with decision. Bentley's hotel burned down. 11 November 1854 Meeting of miners on Bakery Hill. The Ballarat Reform League formed. Aims were universal suffrage, voting by ballot, annual parliaments, payment of parliamentarians, abolition of licensing system, reform of administration of the gold fields, revision of laws relating to Crown land. 27 November 1854 Hotham refused request to release those arrested after attack on Eureka Hotel. 28 November 1854 Confrontation between miners and military. 29 November 1854 Mass meeting of miners at Bakery Hill. Licences burnt. 30 November 1854 Licence check ordered. Police stoned. Several miners arrested after confrontations with police. Meeting of miners. Peter Lalor elected leader. About 500 miners swear to uphold their rights. Stockade built. 1 December 1854 Some miners leave to collect food and ammunition. About 200 remain. 3 December 1854 Clash between miners and military and police forces in the early morning ý 152 infantry, 30 cavalrymen and, of the fleers, l00 mounted and foot police. (About 30 government men and miners were killed.) 6 December 1854 Martial Law proclaimed. 7 December 1854 Gold Fields' Commission appointed. 9 December 1854 Martial Law lifted. February 1855 Trials of 13 miners. All except one acquitted. Henry Seekamp, the editor of the Ballarat Times sentenced to six months for seditious libel. March 1855 Commission, recommends the abolition of licences, establishment of an export duty on gold, the miner's right to a title deed to his claim, and the opening of Crown land to small land holders.
29	February 1891, "THE SHEARERS' STRIKE 1891 -1991, A CELEBRATION" Arranged by the Capricornia Collection Society and the Faculty of Arts, University of Central Queensland, page 7.
30	But the men at Barcaldine flew the blue flag, the flag of the revolted miners at Eureka in 1854, sang songs composed by Henry Lawson and EJ Brady, and remained on strike until June. But they, too, had in the end to accept 'freedom of contract~ and defeat."  B Fitzpatrick, "The British Empire in Australia; An Economic History 1834-1939 ", (2nd ed) (Carlton 1949) p 225 Also referred to in "THE SHEARERS' STRIKE 1891 - 1991, A CELEBRATION" Arranged by the Capricornia Collection Society and the Faculty of Arts, University of Central Queensland, at page 8
31	Hansard 9 October 1900 at page 893.
32	1867 The Second Reform Bill - vote given to town householders 1871 Jun 29: Trades Unions legalised in Britain, but picketing made illegal 1872 Licensing hours introduced 1874 Factory Act introduces 56-hour week 1880 Education Act: schooling compulsory for 5-10 year olds 1881 Flogging abolished in Army and Royal Navy 1883 Married Women's Property Act of 1882 becomes law 1884 The Third Reform Bill - vote given to agricultural workers 1889 Dock Strike - docker's won their "Docker's Tanner", 6 old pennies 1891 Primary education made free and compulsory 1897 Workmen's Compensation Act: employers liable for insurance of workforce 1899 Aspirin invented 1900 School leaving age in Britain raised to 14 years
33	"Throughout the remainder of the eighteen nineties the new Parliament of Western Australia engaged in a veritable orgy of industrial legislation" In 1894 the Act 58 Victoria No. 3 extended and regulated the liability of employers to make compensation for personal injuries suffered by workmen in their service. The Act 59 Victoria No. 37 (1895) provided for the regulation and inspection of mines and collieries to see that the mines were properly timbered; to see that proper precautions were taken for the safety of the lives and the health of the workmen; and to see that the machinery was safe. In 1897 the Workmenýs Lien Act (61 Victoria No. 20) was intended to give greater security to workmen in obtaining payment of their wages and particularly to those employed by contractors. Act for the Regulation of Employment Brokers (61 Victoria No. 24) was introduced to deal with people who set up offices in towns and misled people who wanted employment particularly by taking a fee from them and sending them miles away in search of bogus jobs. In 1898 the Act 62 Victoria No. 35 made better provision for securing the payment of workmenýs wages by repealing the 1897 Workmenýs Lien Act and substituting mere effectual provisions. In the same year the Act 62 Victoria No. 36 limited the hours of labour imposed on those employed in shops. The Truck Act of 1899 (63 Victoria No. 15) prohibited the payment of wages in goods otherwise than in money. In 1899 the Act 63 Victoria No. 35 prevented the unnecessary employment of labour in mines on Sundays except with the approval of an Inspector of Mines and the Act. 63 Victoria No. 52 directed that a certain number of seats be provided for the use of female assistants in shops. In 1900 the Act 64 Victoria No. 9 amended the Truck Act of the previous year in certain minor respects by preventing employers from deducting amounts for medicine and medical expenses a practice which greatly annoyed insurance and friendly societies. Dr F. K. Crowley, 'Master and Servant in Western Australia. 1851-1901', WA Historical Society  Journal No. 4, (1954), at page 30.
34	"These events led the trade union movement to persuade the Forrest Government to introduce a system of compulsory arbitration based on the system that had been successfully developed in New Zealand in 1894." REVIEW OF WESTERN AUSTRALIAN LABOUR, RELATIONS LEGISLATION,  A Report to the Hon. G.D. Kierath, MLA, Minister for Labour Relations, by Commissioner G L Fielding, A Member of the Western Australian Industrial Relations Commission, JULY 1995
35	Hansard page 466, Second Reading debates, Assembly, 18 September 1900; THE ATTORNEY GENERAL: We have taken the New Zealand code complete, which deals with the two great courts, the Board of Conciliation and the Court of Arbitration. One practically is the complement of the other.
36	Hansard 25 September 1900 at page 621; THE PREMIER: The Hon. member might do that but the Government were trying to follow the precedents and experience of other places; whereas some members of the. Committee were trying to carve out a line of action for themselves and to go further than had been done in any other country. Such line of action was unwise and dangerous. Why should we go further in this matter than the other colonies had done? If we humbly followed their lead on this question we should do well.
45	New Zealand Journal of Industrial Relations, 1987, 12, 151-159 Holt and the establishment of arbitration: an Australian perspective, by Stuart Macintyre.  Page 152
37	CHARLES CAMERON KINGSTON, Federation Father , by Margaret Glass.  THE MIEGUNYAH PRESS   AT MELBOURNE UNIVERSITY PRESS page 63 "In July 1892, when Kingston introduced his proposed legislation into the South Australian House of Assembly"
38	Page 102 , CHARLES CAMERON KINGSTON, Federation Father , by Margaret Glass.  THE MIEGUNYAH PRESS   AT MELBOURNE UNIVERSITY PRESS
39	NSW report of the Royal Commission report on strikes, appointed 25 November 1890.  Report dated 22 May 1891.  At para XXV
40	"Holt notes that Reeves was sent a copy of Kingston's Bill in March 1891" Page 152,  New Zealand Journal of Industrial Relations, 1987, 12,  pages 151-159.  Holt and the establishment of arbitration: an Australian perspective Stuart Macintyre*
41	Holt
42	Holt
43	Page 152,  New Zealand Journal of Industrial Relations, 1987, 12,  pages 151-159.  Holt and the establishment of arbitration: an Australian perspective Stuart Macintyre*
44	Hansard 15 November 1900 at pages 1695 onwards
45	Hansard 10 October 1900 at page 926
46	The act
47	Eg; Hansard 20 September 1900 page 560 onwards, and 25 September 1900 at page 615
48	Hansard 25 September page 627
49	Hansard 25 September page 628
50	Hansard 16 October 1900 at page 1017.
51	Page 377, Labour Law In Australia, By Sykes & Glasbeek  Butterworths, Sydney - Melbourne ý Brisbane, 1972
52	NEW SOUTH WALES REPORT of  the ROYAL COMMISSION OF INQUIRY INTO THE WORKING OF COMPULSORY CONCILIATION AND ARBITRATION LAWS. Ordered by the  Legislative Assembly to be printed, 24 July, 1901 Justice Alf P Backhouse, Commissioner
55	In his Royal Commission Report, Justice backhouse makes the comment, at page 26, that whatever may be the long term outcome of the NZ legislation that "Whatever may be the result, the world owes a debt of gratitude to New Zealand for having undertaken the task of demonstrating whether it is possible or not to settle industrial troubles by compulsory arbitration."