550 PROCEEDmOS OF SECTION Gl. 



Under the system provided in the measure of 1901 it was found 

 that the court had become congested with business, and that intoler- 

 able delays arose for several reasons, the main beinp- : — 



1. Onl}' one tribunal. - 



2. Absence of expert members, there being only three fixed 



arbitrators (inembers of the court), whilst there were dis- 

 putes relating to multifarious trades. 



3. The presence of the legal fraternity, which involved ruin- 



ously heavy law costs. 



These delays were highly detrimental to the usefulness of the 

 court, inasmuch as the essential value of an Industrial Tribunal is 

 found in the rapidity and ease with Avliich tlie aggrieved persons can 

 obtain redress; for if a strike be imminent, and the position become 

 acute, it is necessary to proceed to a hearing at once before graver 

 dangers ensue. 



Moreover, in the course of rime it was found that even where 

 an award was obtained, there was a want of finality in tliat award, it 

 having been ruled by the High Court of Australia that there was the 

 right of reversing the decision by way of prohibition. 



On account of these objections the new '" Industrial Disputes Act 

 of 1908" was passed, and replaces tlie previous temporary and experi- 

 mental Act. 



The Act now in force provides for the creation of separate boards 

 as tribunals for every industry. These boards are composed of an 

 equal number of representatives of each party to the dispute, who may 

 be summoned without vexatious delay, and who, from their knowledge 

 of the particular business or trade involved, may decide technical 

 points, and give an enlightened opinion oa matters at issue. They 

 may proceed without fomialities, and their decision is final. An 

 Industrial Court is instituted under the Act with plenary powers of 

 direction and enforcement of awards. 



It is not Avithin the scope of this review to educe the con- 

 troversial points which naturally have arisen concerning this law. My 

 sole object is to shoAV that in the evolution of industrial legislation 

 earnest and custainecl attempts have been made to obtain some 

 practical means of avoiding the unrest, bitterness, and misery which 

 prevailed when no machinery whatever existed whereby disputes could 

 be settled. And it must be conceded, whatever the defects of the 

 laws I have enumerated, that an immense advance has been made to- 

 wards the desired goal. 



VI. — Manhood — General Welfare and Protection : In this cate- 

 gory, as the heading indicates, we find a number of miscellaneous 

 measures' which administer to the well being of the workman. Thus, 

 we have laws relating to his moral and social welfare, and aiding him 

 a.s to his material advancement. 



As to his means of advancement in life, I may cite the various 

 Trades Hall Acts which appear in my schedule, also Contractors' Debts, 

 Small Debts Recoveiy, Attachment for Wages Limitation, Coal 

 Delivery, and Block Holders. 



