Salient. Victoria University Student Newspaper. Volume 36, Number 2. 7th March 1973
A Country without strikes?
A Country without strikes?
An official commentary in the Labour and Employment Gazette of May, 1954, suggested that these fines were necessary because "apparently none of the legislation so far enacted was found adequate to deal with strikes by members of unions which were parties to awards and industrial agreements." In fact, not a single strike in contravention of the Arbitration Act had occurred by 1905. The penalties were imposed first, and then the strikes followed: one only in 1906, but 12 already in 1907. Offenders were prosecuted and fines were levied, but more strikes followed, despite all attempts to impose further restrictions.
An amending Act in 1908 included an elaborate definition of the term "strike," with special emphasis on the intention of workers. It made striking a continuing offence, and imposed special penalties for strikes in certain named industries connected with transport, public utilities and the supply of food. Unions not registered under the Arbitration Act were still free to strike without penalty.
The Federation of Labour urged its affiliations to cancel their registrations for this very reason, but this loophole was closed in 1913, with the passing of the Labour Disputes Investigation Act, which restricted the freedom to strike of all unions outside the Arbitration Act. At about the same time the Supreme Court ruled that a registered industrial union was not entitled to use its funds to help strikers and their families.