Dredging Company, Dunedin ; W. Monkman, Secretary, White
Star Dredging Company, Dunedin ; R. McAra, Secretary, Have-
lock Dredging Company, Waitahuna ; W. Thompson, Secretary,
McCorraick Dredging Company, Dunedin ; E. H. Fulton, Secre-
tary, Manuka Dredging Company, Dunedin ; G. Scott, Manager,
Imperial Dredging Company, Waitahuna.

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 representa-
tives duly appointed, and having also heard such of the employers
as were represented 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 of them, the terms,
conditions, and provisions set out in the schedule hereto and of
this award shall be binding 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, observe, 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 m 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 15th
day of November, 1902, and shall continue in force until the 15th
day of November, 1904.

In witness whereof the seal of the said Court hath been hereto
put and affixed, and the President of the said Court hath hereto
set his hand, this 1st day of November, 1902.

Theo. Coopeb, J., President.



The Schedule hereinbefore referred to.
Hours of Work.

1. Eight hours shall be a recognised shift.

2. Time and a quarter shall be paid for all overtime work, in-
cluding the washing of mats. Where overtime work is rendered
necessary by reason of breakdown of the machinery causing the



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stoppage of the dredge, or by other special emergency involving
damage to property or danger to life, only ordinary rates shall
be paid.

Holidays and Sunday Work,

3. The following days shall be observed as holidays : New
Tear's Day, 2nd day of January, Christmas Day, and Boxing Day.
Should any of such days fall on a Sunday, then the day following
shall be observed as the holiday. The calculation of time for any
such holiday shall be from midnight to midnight.

4. All work done on Sundays and holidays shall be paid for at
double rates.

Minimum Wages.

5. The minimum wages for dredge-hands shall be as follows :
In the Molyneux River and Gorges and in the banks of the
Molyneux above Roxburgh Bridge, and in the Eawarau and its
banks, and at Nevis, Cardrona, Shotover, and the Upper Clutha, the
minimum rate of wages shall be 10s. per shift of eight hours ; in the
Molyneux River and Gorges and in the banks of the Molyneux
below Roxburgh Bridge the minimum rate of wages shall be 9s. per
shift of eight hours ; at Waipori the minimum rate of wages shall
be 9s. per shift of eight hours ; in the rest of the industrial district
the minimum rate of wages shall be 8s. per shift of eight hours.

General Clauses.

6. All shifts shall go round, save in the Molyneux and Ea-
warau, in respect to the engineer and fireman, and in such cases the
keeping of the engineer on day shift shall be a matter to be deter-
mined by the dredgemaster.

7. No cadet shall work a dredge-hand's shift unless he be paid
full wages.

8. Wages shall be paid at no greater intervals than once a
month.

No Discrimination against Unionists.

9. Employers shall not, in the engagement or dismissal of their
hands, discriminate against members of the union, nor in the con-
duct of their business do anything directly or indirectly for the
purpose of injuring the union.

10. When members of the union and non-members are employed
together there shall be no discrimination between them, and they
shall work together in harmony, and shall receive equal pay for
equal work.

Workmen nnable to earn the Minimum Wage.

11. Any workman who considers himself unable to earn the
minimum wage hereinbefore prescribed may be paid such lesser
wage (if any) as shall be fixed or agreed on in manner following : If
such workman shall reside or desire work in the district in which the
of&Qe of the union is situate, then he may work for and be paid such
wage as shall be agreed upon in writing between the dredgemaster



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of the dredge on which he desires emplo3anent and the secretary of
the union, and, in default of such agreement, as may be fixed by the
Stipendiary Magistrate for the said district. If he shall reside or
desire work in any other district, then he may work for and be paid
such wage as may be agreed upon in writing by the dredgemaster of
the dredge on which he may desire work and the accredited agent of
the union in such district, and in default of such agreement, or if there
shall be no accredited agent of the union in such district, then for
such wage as may be fixed in writing by the Stipendiary Magistrate
for such district. Twenty-four hours' notice of any application to
the Stipendiary Magistrate of the district in which the office of the
union is situate shall be given by such workman to the secretary of
the union. In districts where there is cm accredited officer or agent
of the union twenty- four hours* notice of the application to the
Stipendiary Magistrate of such district shall be given to such officer
or agent of the union. The secretary of the union, or in districts
where there is an accredited agent of the union the said agent of the
union, shall be entitled to be heard, if he shall so desire, by such
Stipendiary Magistrate upon such application.

Term of Award.
12. This award shall take effect from the 15th day of November,
1902, and shall continue in force until the 15ch day of November,
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 1st day of November, 1902.

Theo. Cooper, J., President.



Keasons for Award.

The matters in dispute in this reference were — (1) The minimum
wages for dredge- hands employed on dredges on the Molyneux
River below the Roxburgh Bridge and in the district known as
Waipori ; (2) the payment for overtime ; (3) the question of the
firemen's snifts going round en dredges working in the Molyneux
and Kawarau ; and (4) the question of preference.

The Board of Conciliation has recommended the sum of 9s. per
shift as the fair minimum wage for dredgemen employed on the
Molyneux River below Roxburgh Bridge ; the employers ask that
this wage shall be fixed at 8s., and the union ask for lOs. In our
opinion, the recommendation of the Board in this respect ought to
be sustained. The evidence adduced before us satisfies us that,
while the cost of living is much the same below and above the
bridge, the work on the dredges at work below the bridge is more
regular and less dangerous than in the districts above the bridge,
and in the districts where 10s. per shift has been agreed upon as the
minimum wage, and that the men employed on these dredges at 9s.
per shift therefore earn during the twelve months, in consequence



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778

of their work being less liable to interruption, as much as the
average of the men employed on the upper dredges. The Board
have in their recommendations included Waipori in that part of the
industrial district for which they have recommended 8s. per shift.
In our opinion, the conditions at Waipori more nearly agree with the
conditions on the Molyneux below the bridge. We have found that
the cost of living there is greater than at Lawrence, Waitahuna, or
Gore and the Mataura district, and we think that 9s. a shift is a fair
minimum for Waipori. The parties have agreed to accept the
recommendation of the Board fixing 8s. per shift as the minimum
wage for the rest of the industrial district. It has been stated that
some men are receiving over 8s. per shift on some of the dredges
working within the eight-shilling area. We have been asked to
insert a clause forbidding any reduction in the case of these men.
This we explained at the hearing we could not do. The minimum
rate of 8s. has been agreed upon ; but this sum is the minimum only,
and when this matter was discussed at the hearing the employers'
representatives stated that they had no intention of making the
minimum in all cases the maximum wage, and that they would not
deal unfairly with these men, and this assurance was satisfactory to
the representative of the union.

We fix the overtime rate at time and a quarter for all time
worked beyond the eight-hours shifts. Where, however, such over-
time is rendered necessary by reason of the breakdown of the
machinery causing stoppage of the dredge, or by other special emer-
gency involving damage to the property or danger to life, then, in
our opinion, it is reasonable that ordinary time only should be paid
for work done to meet such emergencies. We see no reason why
the men should not be paid overtime rate at the reasonable amount
we have fixed for washing mats in cases where the mats are not
washed in the ordinary shift time. Generally there is very little
overtime worked, and the matter does not appear to be of very much
moment. In other analogous industries we have prescribed over-
time at the same rates and on the same conditions, and this is the
rate recognised as the minimum rate in most industries.

With reference to the question of the shifts going round, we
sustain the recommendation of the Board. There are not many
dredges affected, and we agree with the Board that, in the districts
referred to in their recommendation, this matter ought to be left in
the discretion of the dredgemaster.

With reference to preference we are of opinion that, as the
dredges are working over a very scattered and extensive area of
country, preference is impracticable. It would not be reasonably
possible for the union to keep accurate employment-books at the
various and widely scattered places where dredges are employed, or
at the townships nearest to such places, and to compel employers
before engaging men to first apply to the union officials at Alex-
andra, where the office of the union is situate, would, in our opinion,
result in too great a restriction upon employers, and tend to unduly



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embarrass this industry. H was probably for this reason that the
Board of ConciUation has not recommended preference. We have
therefore inserted the usual no-discrimination clauses.

The award deals only with those men who are employed on the
dredges, and who come within the class known as dredgemen, the
only classes upon which any evidence was adduced before us, or
which have been referred to at the hearing, being winchmen, engi-
neers, and firemen.

(135a.) otago and southland dredgemen. ^decision re
sluicing industry.— no jurisdiction.

In the Industrial District of Otago and Southland. — In the matter
of an industrial dispute between the Otago and Southland
Dredgemen's Union of Workers and the Bluespur - Gabriel's
Gully Consolidated Gold Company (Limited) and Kitto and party.

This dispute being called on at Lawrence on Friday, the 24th day
of October, 1902, the representative of the employers objected to
the dispute being heard by the Court, as sluicing, in which the
companies cited are engaged, was altogether a different branch of
the industry of dredging, and there being no reference to it in the
Dredgemen's Union rules.

His Honour the presiding Judge said they had considered the
objection raised, and, after careful examination of the points sub-
mitted, they had decided they had not jurisdiction in the pre-
sent dispute, and that the union would have to amend its rules.
Section 7 of the Act required on the part of the Eegistrar of
Industrial Unions that the society should be registered. In this
instance the industry was not a gold-mining industry, but a dredging
industry of Otago and Southland, and the objects of the union were
to affect as far as possible the conditions of labour throughout the
dredging districts of Otago and Southland. This was a separate dis-
pute filed on behalf of the Dredgemen's Union as in connection with
the sluicing industry. Both were gold-mining industries, and if the
union had represented the sluicing branch of the industry there
would be no doubt as to the jurisdiction of the Court. It would
be useless to make an award, seeing they had no jurisdiction.
They were asked by the dredging industry to regulate the conditions
in the sluicing industry, and it would be unwise and improper under
the circumstajices to exercise a jurisdiction. After the award in the
dredging dispute was made the union should amend its rules either
by making it the Otago and Southland Gold-miners' Union, or^ if
they choose, by bringing in the sluicers and making it the Otago
and Southland Sluicers' Union. The Eegistrar had ample power
to amend the rules, and if he should submit to him (Mr. Justice
Cooper) an application for direction as to whether he should amend
the rules he would direct him to do so. That having been done, it
would be necessary for Mr. Davidson to file his application afresh,
and it was only fair that he should cite the other sluicing companies.



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780

(136.) DUNEDIN AND SUBURBAN CARTERS.— -RE AMENDMENT OP

AWARD.

In the Industrial District of Otago and Southland. — In the matter
of an industrial dispute between the Dunedin and Suburban
•Carters' Union of Workers ; and in the matter of an application
to amend the award herein.

Judgment of Cooper, J., delivered 4th November, 1902 : —

This is an application to the Court to amend the provisions of
an award made by the Court on the 28th June, 1901. The clause
in respect of which the amendment is asked is clause 5, prescribing
the rate of payment for '' casual labour." It is not suggested that
there is any defect in the award, nor that any further provision is
necessary to give fuller effect to the award; but the ground on
which the amendment is asked is .that the clause has the ** effect
not foreseen or contemplated when the award was made of prevent-
ing the employment of men who would otherwise be employed."
The question, therefore, is whether the Court has any jurisdiction
to entertain the application.

The power of amendment of an award which the Court possesses
is contained in section 87 of the Act, subsection (1) of which confers
on the Court a limited power of amendment only — namely, " power
to amend the provisions of the award for the purpose of remedying
any defect therein or of giving fuller effect thereto." The present
application is not to remedy any ** defect" in the award, nor to
amend the award by inserting any clause for the purpose of ** giving
fuller effect to any provision " in the award, but it is an apphcation
to strike out the rate of payment prescribed in clause 5, and to
introduce in lieu thereof different conditions and rates of pay for
'* casual labour " — in effect, to make a fresh award in respect of
casual labourers during the currency of an existing award under
which these rates and conditions have been already settled by the
Court. This is a power which the Court do not possess, and we
have therefore no jurisdiction to entertain the application. Where
owing to changing conditions the rates of wages fixed by an award
may require alteration, such alteration cannot be made by the
Court without the consent of both parties to the dispute in respect
of which the award has been made.



(137.) DUNEDIN PAINTERS.— AWARD.
In the Court of Arbitration of New Zealand, Otago and Southland
Industrial District. — In the matter of ** The Industrial Con-
ciliation and Arbitration Act, 1900," and its amendment ;
and in the matter of an industrial dispute between the
Dunedin Painters* Industrial Union of Workers (hereinafter
called ** the union ") and the following persons, firms, and
companies (hereinafter called ** the employers ") : P. Omand,
George Street, Dunedin; A. Lees, George Street, Dunedin;



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781

R. Waghorn, Stuarc Street, Dunedin; A. Fogo, Frederick Street,
Dunedin ; E. Ardmore, Frederick Street, Dunedin ; J. Nesbitt,
St. Andrew Street, Dunedin ; A. Gillies, Moray Place, Dunedin ;
T. J. Wright, Moray Place, Dunedin; Smith and Smith,
Octagon, Dunedin; William Timms, Filleul Street, Dunedin;
J. Abbott, Filleul Street, Dunedin; G. Drew and Co., St.
Andrew Street, Dunedin ; Robertson and Randall, King Street,
Dunedin; W. Giles, Green Island; T. W. Munro, Caversham
Rise ; E. Connor, South Dunedin ; A. Peterson, South Dunedin ;
J. Fitzgerald, South Dilnedin; J. Chetwin, South Dunedin;
J. McKenzie, South Dunedin ; T. Fiddis, South Dunedin ;
T. Caddie, South Dunedin ; T. Wren, Mornington ; C. Harvey,
Momington ; C. Fottrell, Mornington ; G. Hardwich, King
Street, Dunedin ; T. Johnston, King Street, Dunedin ; T. Lake,
Duncan Street, Dunedin ; W. Mitchell, Dundas Street, Dunedin;
J. Wren and Co., Princes Street, Danedin; Beck Bros.,
Walker Street, Dunedin ; S. Back, Maitland Street, Dunedin ;
H. Binnie, George Street, Dunedin; A. Honeyman, Russell
Street, Dunedin; McGregor Bros., Arthur Street, Dunedin;
Smith and Co., Maclaggan Street, Dunedin; E. Chaplin, North-
east Valley, Dunedin ; G. Childs, 105, Walker Street, Dunedin ;
J. Gilchrist, City Road, Roslyn ; H. W. Giles, South Dunedin ;
H. Newey, Scotland Street, Dunedin ; J. Paterson, Mornington ;
Scott and Bentley, Princes Street, Dunedin ; A. McMillan, St.
Andrew Street, Dunedin ; G. Murray, Port Chalmers ; Dunedin
Corporation ; W. Sewell and Sons, Kaikorai ; Foster and
George, Filleul Street, Dunedin; H. Brooks, Woodhaugh;
W. Knowles, Kaikorai ; M. Smith; Opoho; T. J. Wright, North-
east Valley; T. Pledger and Son, Albert Street, Dunedin;
Alfred Lowrie, Bay View Road, South Dunedin ; Christopher
Hickey, Mornington ; Walter Smith, Rosljni ; John Rigby and
Son, Maori Hill ; George Liddle, Arthur Street, Dunedin ;
C. Smith, Roslyn; S. F. Auburn, Princes Street, Dunedin;
Auburn and Son, Leith Street, Dunedin ; H. Lyders, Princes
Street, Dunedin ; J. McLaughlan, Cumberland Street, Dunedin ;
C. Wingate, Port Chalmers; J. Plaeket, Port Chalmers; J.
Pledger, Nevada ; Ross and Glendining, High Street, Dunedin ;
Education Board, Dunedin ; T. Bolton, Ravensbourne ; Gibbs
and Stephen, Port Chalmers; the Otago Painters' Industrial
Union of Employers.

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 representa-
tives duly appointed, and having also heard such of 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



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782

terms, conditions, and provisions set out in the schedule hei^to and
of this award shall be binding upon the union and upon every mem-
ber 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 re-
spectively required to be done, and shall not do anythmg in contra-
vention of this award or of the said terms, conditions, and pro-
visions, but shall in all respects abide by, observe, 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 come into operation on the 24th day of
November, 1902, and shall continue in force until the 24th day of
November, 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 12th day of November, 1902.

Theo. Cooper, J., President.



The Schedule hereinbefore referred to.
Hours of Labour,

1. The hours of work shall be from 8 a.m. to 5 p.m. on five days
of the week, and from 8 a.m. to noon on Saturdays, one hour to be
allowed each day for dinner (Saturdays excepted), from the 1st day
of August to the 31st day of May (both inclusive), and from the Ist
day of June to the Slst day of July (both inclusive) from 8 a.m. to
4.30 p.m. on five days of the week, and from 8 a.m. to noon on
Saturdays, a half an hour to be allowed for dinner each day (Satur-
days excepted).

Minimum Wages.

2. All journeymen working at any branch of the traae (except
as hereinafter mentioned) shall be paid not less than Is. 3d. per
hour.

3. Any journeyman who considers himself incapable of earning
the minimum wage may be paid such less sum as may from time to
time be fixed in writing by the employer from whom he desires em-
ployment and the secretary of the union ; and, if they shall not
agree upon such wage within twenty-four hours after such journey-
man shall have applied in writing to the secretary of the union
stating his desire that such wage shall be so fixed, as shall be fixed
in writing by the Chairman of the Conciliation Board ior this indus-
trial district upon the application of such journeyman after twenty-



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four hours' notice in writing to the secretary of the union, who
shall, if so desired by him, as well as the employer and the journey-
man, be entitled to be heard by such Chairman upon such applica-
tion.

Overtime,

4. All time worked beyond the time mentioned in clause 1
hereof shall be considered overtime, and shall be paid for as follows :
Time and a quarter from the ordinary hour of ceasing work up to
8 p.m. ; between 8 p.m. and midnight, time and a half ; between
midnight and the ordinary hour for commencing work, double
time ; and on Saturdays, from the ordinary time of closing till mid-
night, time and a half.

If a workman is required to commence work before 8 a.m. on any
working-day he shall, if the hour at which he is required to com-
mence his work be earlier than 6 a.m., be paid double time for all
time worked up to 8 a.m., and if the said hour of commencement is
not earlier than 6 a.m. he shall be paid time and a quarter for work
done up to 8 a.m.

Work done on Sundays, Christmas Day, Qood Friday, and
Labour Day shall be paid for at the rate of double time, and on the
other holidays at the rate of time and a half.

Holidays,

5. The following shall be the recognised holidays to be observed :
1st and 2nd January, Good Friday, Easter Monday, Labour Day,
King's Birthday, Christmas Day, Boxing Day, and the day ap-
pointed for the painters' annual picnic.

Pay-day,

6. All wages earned by any journeyman or apprentice in any one
week shall be paid to him by his employer on Friday or Saturday in
each week, at the option of the employer. If payment shall be
made on Saturday, then such payment shall be made not later than
1 p.m. In the event of any journeyman being discharged, he shall
be paid the wages due to him in full immediately on his discharge.

Country and Suburban Work.