the unions for power for their representatives to visit the vessels,
both these matters have been fully considered by this Court — in
1897 by the Court under the Presidency of Mr. Justice Williams,
and in 1899 by the Court under the Presidency of Mr. Justice
Edwards — and a majority of the Court at the present hearing
see no reason to differ from the decision of the Court on those
occasions.
Separate awards have to be mside for each industrial district in
order to comply with the provisions of the statute, and the award
now deposited is the one for the Northern Industrial District. In
all essential parciculars the awards for each district are the same.
In this, the Auckland award, special provision has been made
for the boats trading within river and extended river limits, a
majority of the Court being of opinion that the circumstances
which justified the Court in making these provisions in 1897 justify
the Court in continuing in this award the same exemption from
overtime.
A majority of the Court also consider that the steamers ** Stella "
and ** Akaroa," owned respectively by the Leyland-O'Brien Com-
pany and Messrs. Parker, Lamb, and Co., ought to be exempted
from the award so long as the owners continue to pay the rate of
wages paid to the men at the time of the hearing of this dispute in
Auckland, and so long as the steamers continue to be employed
under the same conditions existing at the time of such hearing.
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The work done by these steamers is of such a nature as to render
the conditions of the award inapphcable to them.
The award will come into operation on the 1st August, 1902,
and will continue in force until the 31st December, 1903.
Theo. Cooper, J., President.
(74.) AUCKLAND CARTERS' AWARD.— INTERPRETATION BY CHAIR-
MAN OF CONCILIATION BOARD.
In the matter of interpretation of clause 3.
16th September, 1902.
In a recent award affecting carters the Court of Arbitration defined
** attendance on horses" to be '* necessary stable attendance." In
this case the hours are 46^ per week, and the hours of work are to
be calculated ** from tbe time the driver leaves the stables until the
driver returns to the stables." In the Auckland Carters' award the
employment of carters is stated to be attending to horses and the
work of driving horses, with, of course, the necessary duty of loading
and unloading. As the award limits the hours of work to 47^ hours
per week, no part of the work of driving can be beyond this limit.
I decide, therefore, that the hours of work must be counted from
the time the driver leaves the stables until the time he returns to
the stables. Geobge Bubgesb,
Chairman of the Conciliation Board,
Northern Industrial District.
(75.) AUCKLAND SADDLERS.— AWARD (IN TERMS OF AGREEMENT).
In the Court of Arbitration of New Zealand, Northern Industrial
District. — In the matter of **The Industrial Conciliation and
Arbitration Act, 1900," and its amendment; and in the matter
of an industrial dispute between the Auckland Saddlers, Harness-
makers, Collar-makers, and Bridle-cutters' Industrial Union of
Workers Thereinafter called *'the workers' union), and the
undermentioned persons, firms, and companies (hereinafter
called *' the employers ") : The Auckland Saddlery and Harness
Manufacturers' Union ; Isaac Hill, High Street, Auckland ;
F. Kelly, Newton, Auckland ; A. Kennedy, Durham Street,
Auckland ; R. H. Crudge, Symonds Street, Auckland ; WaUis
and Caley, Queen Street, Auckland ; Wiseman and Sons
(Limited), Auckland; W. Peach, Newmarket; A. Douglas,
Otahuhu; B. Jones, Hamilron ; E. Jones, Paeroa; W. Mc-
Credy, Opotiki ; J. J. Craig, Auckland ; W. J. Harper, Ponsonby
Roa,d, Auckland ; F. Jeffrey, Epsom ; Mclndoe and Hill,
Te Aroha; J. Paul, Thames; C. H. Priestley, Te Puke; C.
Mitchell, Waiuku; Auckland Tramway Company, Auckland;
H. Crinlinton, North Shore ; F. Wilson, Kingsland ; A. Smith,
Durham Street, Auckland ; F. Knight, Parnell ; W. S. Jones,
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Queen Street, Auckland; D. O* Sullivan, Beresford Street, Auck-
land ; T. Taylor, Newton Place, Auckland ; H. Dell, Pukekohe ;
R. Davies, Cambridge ; M. Conway, Waihi ; B. A. Hutchings,
Wangarei ; Primrose and Leslie, Gisborne ; J. Gribble, Waiuku ;
G. Wright, Albert Street, Auckland ; M. A. Going, Hamilton ;
G. H. Vincent, Paeroa; McCrevey Bros., Opotiki; W. Morgan,
Gisborne ; Pullan and Armitage, Auckland ; W. Morgan, New-
market ; P. S. Boone, Newmarket ; C. H. Walker, Upper Queen
Street, Auckland ; J. Robertson, Newton ; J. I. Knight, Lome
Street, Auckland ; J. H. Love, Grey Street, Auckland ; B. B.
Wright; Onehunga ; C. D. Hunter, Tuakau; R. B. Brown, Te
Awamutu; W. Culpitt, Thames; H. Morgan, Eawakawa; A.
McCredv, Whakatane ; T. C. Allely, Tauranga ; R. F. Webster,
Pukekohe ; F. O'Toole, Cambridge ; H. S. Hill. Wangarei ; R.
and W. Hellaby (Limited), Auckland; A. Wilkinson, Wangarei ;
Edward Williams, Gisborne ; E. Jones, Ngaruawahia.
The Court of Arbitration of New Zealand (hereinafter called ** the
Court "), having taken into consideration the matter of the above-
mentioned dispute, and having heard the union by its representatives
duly appointed, and having also heard such oi the employers as
were represented either in person or by their representatives duly
appointed, and having also heard the witnesses called and examined
and cross-examined by and on behalf of the said parties respectively,
doth hereby order and award : —
That, as between the union and the members thereof and the
employers and each and every of them, the terms, conditions, and
Erovisions set out in the schedule hereto and of this award shall be
inding upon the union and upon every member thereof and upon
the employers and upon each and every of them, and that the said
terms, conditions, and provisions shall be deemed to be and they
are hereby incorporated in and declared to form part of this award ;
and, further, that the union and every member thereof and the
employers and each and every of them shall respectively do, observe^
and perform every matter and thing by this award and by the said
terms, conditions, and provisions respectively required to be done,
observed, and performed, and shall not do anything in contravention
of this award or of the said terms, conditions, and provisions, but
shall in all respects abide by and perform the same. And the
Court doth hereby further award, order, and declare that any breach
of the said terms, conditions, and provisions set out in the schedule
hereto shall constitute a breach of this award, and that the sum of
£100 shall be the maximum penalty payable by any party or person
in respect thereof. And the Court doth further order that this
award shall take effect from the 20th day of December, 1902, and
shall continue in force until the 20th day of December, 1904.
In witness whereof the seal of the Court of Arbitration hath
hereto been put and affixed, and the President of the Court hath
hereunto set his hand, this 18th day of December, 1902.
Thbo. Coopbb, J., President,
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Thb Sohedulb hebbinbefobb befebbed to.
1. The hours of work shall be forty-eight in each week. On
Saturdays in each week the hours of work shall expire not later
than 1 p.m., excepting in districts where the statutory half-holiday
is on any other day of the week, when the hours of work shall
expire not later than 1 p.m. on that day. All work worked beyond
the time mentioned in this class or on holidays shall be considered
overtime, and shall be paid for at the rate of time and a quarter for
the first four hours; time and a half after 10 p.m. Double time
after midnight on any days except the days mentioned in para-
graph 11 hereof, on which days, including Sundays, all work shall
be paid for at the rate of double time. No overtime shall be paid
for in any one week until the forty-eight hours shall have been
worked, sickness and public holidays excepted.
2. Only three classes of workers shall be recognised or employed
— ^viz., journeymen (which expression shall include journejonen and
journey women), apprentices, and female stitchers.
3. Every journeyman working at any branch of the trade (except
as hereinafter mentioned) shall be paid not less than Is. per hpur,
and the masters recognise that better-class men be paid from £2 8s.
to £2 16s. per week.
4. Any journeyman who considers himself not capable of earn-
ing the minimum wage may be paid such less wage as may from
time to time be agreed upon in writing between any employer and
the president and secretary of the union ; and, in default of such
agreement, within twenty-four hours after such journeyman has
applied in writing to the secretary of the union stating his desire
that such wage shall be so agreed upon, as shall be fixed in writing
by the Chairman of the Conciliation Board for the industrial district
upon the application of such journeyman, after twenty-four hours'
notice in writing to the secretary of the union, who shall (if desired
by him) be heard by such Chairman on such application. Any
journeyman whose wage has been so fixed may work and may be
employed by any employer for such less wage for the period of six
calendar months thereafter ; and, after the expiration of the said
period of six calendar months, until fourteen days' notice in writing
shall have been given him by the secretary of the union, requiring
bis wage to be again fixed in manner prescribed by this clause.
Apprentices,
5. All boys working in any branch of the trade shall be legally
indentured as apprentices for the term of five years ; but every boy
so employed may be allowed three calendar months' probation
prior to being so indentured, such period, if such boy be indentured
at the end of such period, to be counted as part of the said period of
five years.
6. The proportion of apprentices and female stitchers to journey-
men employed by any employer shall not exceed the following,
viz. : In the saddlery branch, one apprentice and one female
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stitcher to every three journeymen or fraction of three journeymen ;
machinery branch, one male or female apprentice to every three
journeymen or journey women, or fraction of three journeymen or
journey women, recognised machinists ; in the harness branch, one
male or female apprentice to one journeyman, or one male and one
female apprentice or two male apprentices to three journeymen,
and the same proportion of apprentices shall apply to every addi-
tional one or three journeymen employed ; in the collar-making
branch, one apprentice to one journeyman, or two apprentices to
three journeymen, and the same proportion of apprentices shall
apply to every additional one or three journeymen employed ;
in the bridle-cutting branch, one apprentice and two female
stitchers to one journeyman, or one apprentice and three female
stitchers to two journeymen, or one apprentice and four female
stitchers to three journeymen, or two apprentices and five female
stitchers to four journeymen, and one female stitcher to every
additional journeyman.
When an apprentice shall have served four years of his term
another apprentice may be taken on, so as to enable the former to
better qualify himself to become a competent journeyman.
7 . For the purpose of determining the proportion of apprentices
and female stitchers to journeymen, in taking any new apprentice
or female stitcher, the calculation shall be based on a two-thirds
full time employment of competent journeymen employed during
the previous three calendar months.
8. The wages to be paid to apprentices shall be as follows,
namely : For the first year, 6s. per week ; for the second year, 8s. 6d.
per week ; for the third year, lis. per week ; for the fourth year, 15s.
per week ; and for the fifth year, £1 per week.
9. If any employer shall from any unforeseen cause be unable
to fulfil his obligation to an apprentice, it shall be lawful for such
apprentice to complete his term with another employer, notwith-
standing that such employer has already the full number of appren-
tices allowed by these conditions.
Female Workers.
10. That all females employed in the trade b^ paid a weekly
wage, and female stitchers in the saddlery branch are debarred
from panel-making.
Holidays.
11. The following days shall be recognised as holidays in all
branches, namely : New Year's Day, Good Friday, Easter Monday,
the King's Birthday, and Christmas Day.
Preference of Unionists.
12. If and after the union shall so amend its rules as to permit
any person now employed in the trade in this industrial district,
and any person who may hereafter reside in this industrial district,
and who is a competent journeyman, to become a member of such
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union apon payment of an entrance-fee not exceeding 58. and of
subsequent contributions, whether payable weekly or otherwise, not
exceeding 6d. per week, upon a written application of the person
so desiring to join such union, without ballot or other election,
and shall give notice in writing of such amendment, with a copy
thereof, to the employers, and shall also publish a notice of such
amendment, with a copy thereof, in the Auckland Herald and in
the Auckland Star, published in the City of Auckland, then and in
such case and thereafter employers shall employ members of the
union in preference to non-members, provided that there are mem-
bers of the union equally qualified with non-members to perform
the particular work required to be done and ready and willing to
undertake it.
13. Until compliance by the union with the conditions of the
last clause employers may employ journeymen whether members
of the union or not ; but no employer shall discriminate against
members of the union, and no employer shall, in the employment
or dismissal of journeymen or in the conduct of his business, do
anything for the purpose of injuring the union, whether directly or
indirectly.
14. When members of the union and non-members are employed
together there shall be no distinction between members and non-
members, and both shall work together in harmony, and shall re-
ceive equal pay for equal work.
15. So soon as the union shall perform the conditions entitling
the members of the union to preference under the foregoing clauses,
and at all times thereafter, the union shall keep in some convenient
place within one mile from the Chief Post Office in the City of
Auckland a book, to be called ** the employment-book," wherein
shall be entered the names and exact addresses of all members of
the union for the time being out of employment, with a description
of the branch of the trade in which each such journeyman claims to
be proficient, and the names and addresses and occupations of every
employer by whom each such journeyman shall have been employed
during the one preceding year. Immediately upon such journey-
man obtaining employment a note thereof shall be entered in such
book. The executive of the union shall use their best endeavours
to verify the entries contained in such book, and the union shall be
answerable a.s for a breach of this award in case any entry therein
shall in any particular be wilfully false to the knowledge of the
executive of the union, or in case the executive of the union shall
not have used reasonable endeavours to verify the same. Such
book shall be open to every employer without fee or charge at
all hours between 8 a.m. and 5 p.m. on every working-day except
Saturday, and on that day between the hours of 8 a.m. and noon.
If the union fail to keep the employment-book in the manner
provided by this clause, then and in any such case and so long
as such failure shall continue, any employer may if he so thinks fit
employ any person or persons, whether a member of the union or
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not, to perform the work required to be performed notwithstanding
the foregoing provisions. Notice by advertisement in the Auckland
Herald and in the Auckland Star newspapers, published at the City
of Auckland, shall be given by the union of the place where such
employment-book is kept, and of any change in such place.
Term of Award.
This award shall take effect from the 20th day of December,
1902, and shall continee in force until the 20th day of December,
1904.
In witness whereof the seal of the Court hath been hereto put
and affixed, and the President of the Court hath hereto set his hand,
this 18th day of December, 1902.
Theo. Cooper, J., President.
This award is in terms of an agreement made between both
unions and lodged in Court. Theo. Cooper, J.
(76.) AUCKLAND TAILORESSES.- EXTENSION OF AWABD IN OTAGO,
CANTERBURY, AND WELLINGTON TO AUCKLAND.
JUDGBiBNT OP THE CoURT.
The New Zealand Clothing Manufacturers' Association and the
New Zealand Federated Tailoresses and other Clothing Trade
Employees* Industrial Um'on of Workers, applicants, and the
Auckland Clothing Manufacturers' Industrial Union of Em-
ployers and the Auckland Tailoresses' Union of Workers,
objectors.
On the 14th day of May, 1902, the Court made an award under
the provisions of ** The Industrial Conciliation and Arbitration Act,
1900," in a dispute between the above-mentioned applicant unions.
The New Zealand Federated Tailoresses and other Clothing Trade
Employees' Industrial Union of Workers is a federation of the
Dunedin, Christchurch, and Wellington Industrial Unions of
Workers, and in order to conform with the provisions of the Act
separate awards in the terms of the Dunedin award were on the
same day made on the application and by the consent of the unions
of workers in each of the industrial districts afiPected, and filed
in Christchurch and Wellington, binding the unions of workers
and employers in the Canterbury and Wellington Industrial Dis-
tricts. The effect of these awards is that the unions of workers in
Otago and Southland, and in the Canterbury and Wellington In-
dustrial Districts, and the employers in each of these districts, are
bound by the award. These employers and unions of workers are a
majority of the employers engaged and of the unions of workers
concerned in the colony in the trade or manufacture to which the
award relates.
The unions of workers and of manufacturers bound by the award
now apply to the Court to exercise the powers conferred on the
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Court by section 87 of the Act, and to extend the award so as to
bind as parties thereto the union of workers in Auckland and of the
manufacturers in this city connected with or engaged in the same
industry to which the award applies; and the ground for such
application is that the products of the trade or manufacture to
which the award relates enter into competition in the markets of
the colony with those manufactured in the Northern Industrial
District, and that a majority of the employers engaged and of the
unions concerned in the said trade or manufacture in the colony
are bound by the award of the Court.
On the 26th day of March, 1902, the Auckland Union of Workers
made an industrial agreement with the Auckland employers therein
named. A duplicate original of this agreement has been filed in
the oflBce of the Clerk of Awards of the Northern Industrial District.
The agreement is for the term of two years from the 7th day of
April, 1902, and is executed in due form.
Two objections have been taken by the applicants to the validity
of the agreement : (1) That it is expressed to be made in pursuance
of "The Industrial Conciliation and Arbitration Act, 1894," whereas
subsection (2) of section 24 of the Act of 1900 provides that the
agreement shall commence ** This industrial agreement made in
pursuance of 'The Industrial Conciliation and Arbitration, Act,
1900 ' " ; and (2) that the union of employers against whom the
application is made are not parties to the agreement. The first
objection was not strongly pressed, and we are of opinion that the
recital of the year 1894 instead of the year 1900 is an immaterial
error, and that we are entitled to read the agreement as having been
made in pursuance of the Act of 1900. As to the other objections,
it was stated on behalf of the objectors to the application, and it is
apparently the case, that the parties to the agreement comprise the
individual members of the Auckland Employers' Union. Section 24
of the Act, however, permits an industrial agreement to be made
between an industrial union of workers and individual employers,
and, substantially, all the employers in the Auckland District engaged
in the particular trade or manufacture are parties to and bound by
the agreement. We, therefore, are of opinion that there is a valid
industrial agreement, properly executed and filed, the term of
which is current, regulating the conditions of employment in this
particular trade or manufacture in the Northern Industrial District
as between the parties thereto, and made for the purpose of the
prevention or settlement of an industrial dispute in this district in
this industry.
The question which we have now to consider, and which by the
consent of all parties has been argued before us by counsel on each
side, is whether, notwithstanding the existence of this industrial
agreement, the Court has power, under the provisions of section 87
of the Act, to extend the award so as to bind the objecting union
of workers and the employers parties to the said industrial agree-
ment?
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Mr. Campbell, on behalf of the objectors, sabmits that the ia-
dustrial agreement has the force of an award of the Conrt, that, as
it has settled the conditions of employment in this district as
regards the workers' union and the employers, parties to the agree-
ment, the Court cannot interfere and disturb the existing relations
between them during the currency of the term of the agreement ;
that the powers contained in section 87 of the Act can only be
exercised by the Court in case where the conditions of the trade
affected have not been settled by an industrial agreement made in
the industrial district to which it is sought to extend the provisions
of an award made in another industrial district ; and that the effect
of sections 24, 27, and 28 of the Act is to introduce by implication
into subsection (2) of section 87 the words '* where no vaUd indus-
trial agreement, the term of which is unexpired, exists."
Mr. Martin, on the other hand, contends that section 87 is
express in its terms, and that all that is necessary to enable the
Court to exercise its jurisdiction is proof (1) that the award which
the Court is asked to extend to this industrial district relates to
a trade or manufacture the products of which enter into competi-
tion in any market in the colony with those manufactured in the
Northern Industrial District ; and (2) that a majority of the em-
ployers engaged and of the unions of workers concerned in the
trade or manufacture are bound by the award.
For the purpose of determining the question of jurisdiction it is
conceded that both these conditions are satisfied.
Numerous authorities have been cited by both counsel on the
principles which should govern the decision of the Court on this
question. Very little assistance can be obtained, however, from
cases decided on the construction of other statutes. We have to
construe a statute dealing with a special subject-matter, and to
gather from the language of that statute the powers the Legislature
intended to confer upon this Court. The Court is created by the
statute. Its jurisdiction is wholly statutory, and cannot be ex-
tended beyond the terms of the statute. The statute must, how-
ever, receive such fair, large, and liberal construction and interpre-
tation as will best insure the attainment of the object of the Act,
and of every provision or enactment thereof, according to its true
intent, meaning, and spirit.
No doubt, as contended by Mr. Campbell, the underlying
principle of the Act is settlement by conciliation or agreement of
industrial disputes, and the compulsory powers of the Court do not
arise, ordinarily, until the parties to a dispute have failed to adjust
their differences by agreement. It is also clear that, unless for a
special purpose a particular power is given to the Court beyond the
general jurisdiction conferred upon it, the Court cannot make an
award in cases (1) where no dispute exists, and (2) where a dis-
pute has been prevented or an existing dispute has been settled by
an industrial agreement.
The real question is whether, on a proper construction of