Christine Yeats

Industrial Arbitration Transcripts and Related Sources in the NSW State Archives, 1902–91

The New South Wales (NSW) State archives collection administered by State Records comprises records from all areas of government administration from 1788 until the present. The collection encompasses the key documents that have established our system of government and justice and the records that have been created in response to legislative and administrative developments and changes.

The Industrial Arbitration Act 1901 (NSW) is a milestone in the history of industrial relations in New South Wales. The transcripts of hearings that were generated by it and later amending legislation are an important part of the collection. They document changing practices and conditions in the workplace, the workers' struggles for better pay, conditions, rights and entitlements, and the attitudes and policies of employers and workers and those who represented them. This research report looks at what records are available, which agencies¹ created these records and how they can be accessed using State Record's online and other finding aids for the period between 1902 and 1991.

For researchers to better understand the transcripts and related records and the context in which they were created, I give below a brief history of the relevant agencies. This will help when using the State Records' main finding aid, Archives Investigator – the online archives information and access system at <www.records.nsw.gov.au>. The number assigned to the agencies in Archives Investigator is also provided.

The Trade Disputes Conciliation and Arbitration Act 1892

The Industrial Arbitration Act 1901 was not the first legislation for the arbitration of industrial disputes in New South Wales. The first NSW legislation specifically providing for the conciliation and arbitration of industrial disputes was the Trade Disputes Conciliation and Arbitration Act 1892 (NSW). It provided for the establishment of Councils of Conciliation to consist of equal members of representatives of employers and employees. (In fact a single Council of Conciliation for the whole of New South Wales was established.) It also provided for the establishment of a Council of Arbitration. This Council consisted of an employee representative, an employer representative and a President who was to be a person agreed upon by the other two or, in default of agreement, appointed by the Governor on the basis of being unbiased. The President was not to engage in any other employment

Under the Act it was not necessary for the disputing parties to agree that the matter should go before a Council of Conciliation or the Council of Arbitration. This could be achieved unilaterally by either party to a dispute lodging an application, in the case of arbitration only after conciliation had failed. An award by the Council of Arbitration was not binding however, unless the parties agreed to be bound by it before it was made.

A Clerk of Awards was appointed under the Act and the appointee was to keep the records generated under the Act's provisions. The Act was to continue in force for four years from its commencement 'and no longer'. When its time was up in 1896 it was not replaced but the bodies and personnel constituted under the Act disappeared after Parliament had rejected supply for them on 11 December 1894 (see Hansard). The general consensus appears to be that it was ineffective in settling industrial disputes, perhaps at least partly because in any dispute where the parties were not disposed ultimately to agree, or to agree to be bound, no binding decision could be made.

So far, State Records has found no trace of any records directed to be generated or kept under the provisions of this Act. A report made by the Clerk of Awards after a year of the Act's operation was laid before Parliament in 1893 and ordered to be printed. It contains a useful summary. A copy is contained in the Colonial Secretary's Special Bundle (NRS 906) titled Draft bill to amend Arbitration Act 1892 [4/906.3]. The Bundle also contains some correspondence from the Clerk of Awards suggesting amendments to the Act.

There was no court reporting service before 1911. Presiding judges and the like recorded evidence in longhand (some developed their own shorthand). In some cases parties would employ private secretaries or shorthand writers to take down the evidence at their own expense. Regulations published in the NSW Government Gazette, no. 647 of 8 September 1892 (page 7310) provided for this:

Secretaries and shorthand writers.
21. The managers, or other representatives of either party, before a Council of Conciliation or the Council of Arbitration, may appoint a secretary or shorthand writer, or more than one, to take notes of the evidence given before such Council; and in any matter heard before a Council of Conciliation the said managers and the said secretaries and shorthand writers shall, if required by a majority of the Conciliators, make oath that such notes, or the contents thereof, shall not be made public by them. The cost of employing such secretaries or shorthand writers shall be defrayed by the parties respectively employing them.

Whether a party to any of the disputes which came before the Council of Conciliation or the Council of Arbitration ever employed a private reporter is unknown. It can be expected that the work of such private reporters would have remained in the custody of those who had paid for it.

Court of Arbitration, 1902–08 (Agency 471)

The Industrial Arbitration Act 1901 introduced compulsory arbitration in New South Wales. It created the Court of Arbitration as a court of record with a President (a Supreme Court judge) and two members – one representing employers and the other representing employees.

The Court had jurisdiction to hear and determine any industrial dispute. It could prescribe a minimum wage and make orders or awards on matters affecting or relating to work to be done such as wages, hours of employment, sex, age, status of employment and the interpretation of an industrial agreement.

Industrial Court, 1908–12 (Agency 472)

The Court of Arbitration was abolished when the Industrial Court was established by the Industrial Disputes Act 1908 (NSW). Under the Industrial Arbitration Act 1901 the existence of a dispute needed to be proved before the court could regulate the conditions of an industry. One of the important changes of the Industrial Disputes Act 1908 was the power it gave the court to determine the conditions of employment in all industries without the need for a 'dispute'. In addition, an award was no longer limited to Industrial Unions and their members.

The Industrial Court was constituted by a Supreme Court or District Court Judge appointed for a period of seven years. The judge could sit with or without assessors, who were elected by the parties to a dispute.

The Act of 1908 also created a system of Industrial Boards. An Industrial Board consisted of a chairman and between two and ten members, employers and employees being equally represented. Industrial Boards had the jurisdiction to hear a dispute referred by the Industrial Court or an application from a group of employees or employers in the industry for which the Board had been constituted.

Court of Industrial Arbitration, 1912–26 (Agency 473)

The Court of Industrial Arbitration was set up in 1912 under the Industrial Arbitration Act 1912 (NSW). The Act also dissolved the Industrial Court and the Industrial Boards established under the Industrial Disputes Act 1908.

Although the Industrial Boards created under the 1908 Act were abolished, a similar system was set in place under the Industrial Arbitration Act 1912. Each Industrial Board consisted of a chairman and between two and ten members, employers and employees being equally represented. The Boards had the jurisdiction to hear disputes referred by the Court of Arbitration or applications from groups of employees or employers in the industry for which the relevant Board had been constituted.

The Act also provided for Conciliation Committees to be constituted by the Minister. These Committees applied to colliery districts only and had the power to look into any industrial matter regarding coal or metalliferous mining within its district.

NSW Board of Trade, 1918–26 (Agency 430)

The NSW Board of Trade was established by the Industrial Arbitration (Amendment) Act 1918 (NSW). The Board existed at the same time as the Court of Industrial Arbitration. It was constituted by a president (a Judge of the Court), a vice-president and representatives of employers and employees.

The Board of Trade was required to set the living wage for adult male and female workers each year, based on an inquiry into the cost of living. It was also responsible for various matters relating to apprenticeships such as rate of pay, working conditions and hours. In addition the Board was required to collect and distribute information on matters connected with industrial occupations and industrial conditions.

Examples of investigations by the Board of Trade included: conditions of rural industries; the extent of miner's phthisis (tuberculosis); costs of flour production; associated costs and distribution of dairy products; and the manufacture and use of paints or pigments containing white lead.

Industrial Commission of New South Wales, 1926–92 (Agency 474)

The Court of Industrial Arbitration and the Board of Trade were abolished under the Industrial Arbitration (Amendment) Act 1926 (NSW) and the Industrial Commission of New South Wales was set up in its place.

The Industrial Commission assumed the duties and responsibilities of the Court of Industrial Arbitration and the Board of Trade. Provision was made for the appointment of an Industrial Commissioner who, whether sitting with other members or alone constituted the Industrial Commission of New South Wales. The Act also allowed for the appointment of a Deputy Commissioner and an even number of members, one half representing employers and one half representing employees.

The Industrial Commission was given the power to determine any industrial matter referred to it by the Minister. An industrial matter, as defined by the Act, included matters affecting or relating to work to be done such as wages; hours of employment; sex, age, qualification; status of employment, the employment of children; and the interpretation of an industrial agreement or award. In addition the Industrial Commission was required to determine the living wage for adult male and female employees and to hear and determine appeals.

The Act extended the Conciliation Committee scheme, giving the Minister the authority to establish a committee for any industry or calling for which an Industrial Board was constituted. In instances where there was not a Board the Minister could constitute one so that a committee might be formed.

The purpose of a Conciliation Committee was to inquire into any industrial matter within the industry for which it had been set up and to make an order or award binding on the employees in that industry. The Committee had exclusive jurisdiction and the Industrial Commission did not have the authority to make awards or inquire into industrial matters in an industry for which a Conciliation Committee existed. If the Committee failed to make an award the matter could be referred to the Commission.

The Industrial Commission of New South Wales was abolished on 31 March, 1992 by the Industrial Relations Act 1991 (NSW), which established the Industrial Commission of New South Wales to carry out conciliation and arbitration duties and the Industrial Court, which took on the judicial role.

Related Agencies

In addition to the Court of Arbitration and its successors a number of related agencies created a range of significant records. These mainly come from the successive industrial registries and the Department of Labour and Industry. The records include transcripts and other important records relating to industrial matters.

Industrial Registries (Agency 414)

A Registrar was appointed to the Court of Industrial Arbitration in 1901. The Registry, originally known as the Industrial Arbitration Office, was responsible for the following areas: registering industrial unions; determining applications for permits to work less than award rates; receiving applications for determination by the Court; and carrying out the orders of the Court.

These responsibilities were extended over the next 90 years, reflecting the changes to the legislation affecting the industrial court system. One important change resulted from the Industrial Arbitration Act 1912. The previous Acts had been administered by the Department of Attorney-General and of Justice. The 1912 Act was placed under the administration of the newly created Department of Labour and Industry, with the Industrial Registrar becoming the Permanent Head of the Department. In addition, the Industrial Registrar was also given responsibility for some of the administrative work connected with the Conciliation Committees established under the 1912 Act.

A further significant change occured in 1936 when the Industrial Registrar was given the powers authorities duties and functions formerly exercised by the Registrar of Friendly Societies as Registrar under the Trade Union Act 1881 (NSW), and all records relating to those matters were transferred to the Industrial Registrar.

Department of Labour and Industry (Agency 413)

The history of the Department of Labour and Industry dates back to 1895 when a Labour and Industry Branch was set up within the Department of Public Instruction, becoming the Labour and Industry Department in 1906. A separate Department of Labour and Industry, with its own permanent head, the Industrial Registrar, was established in 1912. This followed the centralisation of the administrative functions relating to industrial matters under a Minister for Labour and Industry. A series of administrative and name changes took it from the Department of Labour and Industry in 1979 to the Department of Industrial Relations in 1997.

Court Reporting Branch (Agency 4073)

The Court Reporting Branch of the Department of the Attorney General and Justice came into existence in 1911. It had responsibility for reporting proceedings in the Supreme Court, the District Court, Quarter Sessions, the Industrial Commission, the Workers Compensation Commission and other specialised courts and tribunals as well as for Royal Commissions, special inquiries and Marine inquiries.

Locating the Records

The agencies that have been described in this report are listed in Archives Investigator and can be located under the agency number provided using the 'advanced' search option. Archives Investigator also includes the series² information for the records described. In describing the records the series number, prefixed by the letters 'NRS' (the abbreviation for NSW Record Series), is used. The item numbers (individual unique identifiers) are provided in square brackets. This information is important when referring back to the item or in citing records from the collection.

Transcripts created by the Court of Arbitration and its successors dating from 1902, together with the related records, can be accessed in the reading room at State Records Western Sydney Records Centre, Kingswood. The records are available in original (uncopied) format.

Most of the records referred to in this report are open to public access after 30 years. Some of the judges' and commissioners' notebooks may be closed for longer and researchers should contact State Records to confirm their access status before visiting Kingswood.

Transcripts Created by the Industrial Courts

As discussed above, prior to 1911 when the Court Reporting Branch was set up in the Department of the Attorney General and Justice there was no Government court reporting service. Until then the presiding Judge recorded the evidence in longhand. It may be that because appeals were possible under the Industrial Arbitration Act 1901 the need for a written record of the proceedings was recognised. This may explain the appointment of shorthand writers to the Industrial Arbitration Office in 1902 and 1903 (see Public Service Lists 1903).

The transcripts are bound into volumes and most volumes have a contents list in the front, arranged according to the name of the matter. The volumes are not indexed but the contents list helps in identifying a particular transcript in the volume. Archives Investigator provides the range of item numbers for each series. There are also paper lists, giving a breakdown of these item numbers, which are available in the reading rooms of State Records at Kingswood and at the Rocks.

The first series is listed under the Court of Arbitration. It is the Transcripts of Proceedings of the Court of Arbitration, 1902–08 (NRS 5340). There are 87 volumes in this series, item numbers [2/59–117, 2/5694–721]. The earliest transcript from this series held by State Records is the hearing of the Sydney and Suburban Bread Carters Union v William Langer, described as an 'industrial dispute – breaches of award', heard between August and September 1902 (SRNSW: NRS 5340, [2/5694]). There does not appear to be a transcript of the first case heard by the Court – a dispute between the Newcastle Wharf Labourers Union and the Newcastle and Hunter River Steamship Company – in this series, but the notebook of the Court's first president (Mr Justice Cohen) includes his notes from the hearing.

The next series is the Transcripts of Proceedings of the Industrial Court, 1908–12 (NRS 5341). There are 84 volumes in the series, item numbers [2/5722, 2/118–23, 2/125–70, 2/215–45]). This is followed by the 187 volume series of Transcripts of Proceedings of the Court of Industrial Arbitration, 1912–26 (NRS 5342), item numbers [2/171–214, 2/246–388]. Finally, there are the Transcripts of Proceedings of the Industrial Commission, 1926–81 (NRS 5343). There are 794 volumes and the item numbers for this series are as follows: 1926–39 [2/389–543, 7/10956–11041], 1940–59 [11/1518–750, 7/1867–71, 7/1873–74], 1960–81 [6/10858–11169].

In addition to these main series of transcripts, there is also a single volume series of Industrial Arbitration: Extracts and Transcripts, 1902–20 (NRS 5339), which covers cases held in the Court of Arbitration, Industrial Court and Court of Industrial Arbitration. The item number is [7/1857]. This volume contains entries arranged alphabetically by subject, occupation or award with an extract from the transcript covering that matter. It records the name of the judge, the case and the date the matter was heard. It may have been used as a source for precedents.

There are further series of transcripts of hearings for specific awards or before particular judges and commissioners. Examples include the Transcripts of Proceedings before Mr Justice Cantor, 1927–55, (NRS 5352), the Transcripts of Proceedings of 'No.3 and Full Industrial Court', 1919–22 (NRS 5464) or Transcripts of Proceedings, Public Service Awards, 1921–22 (NRS 5465). These are included in the series listings that appear in Archives Investigator.

Transcripts Created by the Board of Trade

The transcripts of evidence presented by witnesses before Inquiries held by the Board of Trade follow a similar format to those created by the industrial courts. The item listing for the single series of Transcripts of Proceedings, January 1918 – December 1925 (NRS 670) is provided in Archives Investigator. The transcript into the Cost of Living for Males in 1918 is the earliest record from the Board of Trade in the State archives.

Transcripts Created by the Industrial Registries

Researchers may also wish to consult the list of series created by the various industrial registries (Agency 414). Examples of transcripts include: the Court of Industrial Arbitration: Applications for Awards, Transcripts of Proceedings, 1917–21, (NRS 5462), item numbers [2/5750–56]; Transcripts of Proceedings – Living wage for adult male rural employees, 1928–29 (NRS 5474), item number [2/5802] and Transcripts of Proceedings of the Industrial Commission Taxi-cab Inquiries, 1938–39 (NRS 5475), item numbers [6/9588–96, 2/554–70].

Transcripts Created by the Court Reporting Branch

The earliest transcripts from the Court Reporting Branch relate to actions in the Supreme Court. They are arranged by judge then jurisdiction. The arrangement of the later transcripts is by year and jurisdiction. It is possible that the series Transcripts of Evidence of the Various Courts and Royal Commissions and Boards of Inquiry, 1899–1985, (NRS 2713) may include industrial matters. The item lists for this series are available in both reading rooms.

Related Records

Judges/Commissioners Notebooks

In addition to the transcripts there are a number of other important record series from the various courts and commissions. They include the notebooks of the judges, and later, the commissioners appointed to the court.

An important example is the Notebooks of Mr Justice Cohen, 1902–05, (NRS 5353), item numbers [2/2673–91]. Justice Cohen became the first president of the Arbitration Court on 1 April 1902, remaining in the position until 1905. His notebooks extend over 19 volumes. There is usually a list of the cases in the front of each volume and the notes are detailed and generally legible. There are some sections in the first two volumes written in shorthand. The first notebook [2/2673] includes Justice Cohen's notes on the first case heard by the Court, a dispute between the Newcastle Wharf Labourers Union and the Newcastle and Hunter River Steamship Company.

Records of the Conciliation Committees

As previously mentioned, in 1912 the Industrial Registrar took on some of the administrative work connected with the Conciliation Committees. The records relating to the Conciliation Committees are listed at the end of the agency description for the Industrial Arbitration Office, and its successor (Agency 414) in Archives Investigator.

The series Applications to Conciliation Committees, 1938–78 (NRS 5487), item numbers 1932–74 [10/32877–33679, 3/15027–42, 3/13097–385, 14/5150–200, 19/18598–18599 part], 1975–78 [19/18599 part-18856, 7/6800I part] is an important series. It relates to applications made to Conciliation Committees concerning award variations, new awards or exemptions from awards. The Application files generally contain applications, exhibits, transcripts and decisions.

Records from the Department of Labour and Industry

The records created by the Department of Labour and Industry (Agency 413) cover a miscellany of employment issues ranging from apprenticeship matters to female lift attendants. There is also a collection of Special Bundles, 1939–73 (NRS 5549), item numbers [7/10468–72, 7/10502–22], which was created by the Department.

What the Transcripts Tell Us

The transcripts are an import resource for anyone studying the lives of working people over the past 100 years. One example is that taken from the Transcript of Proceedings of the Court of Arbitration in 1903 (Undertakers), NRS 5340, [2/5700]. This was a summons for a breach of the ninth condition of the Award of the Undertakers Dispute, and the complaint was that Mr Bull, in employing a non-unionist, was guilty of a breach of the condition. The evidence is from a Mr Clegg. It confirms that old adage 'that the more things change the more they remain the same'.

Q.	You were a shopman there?
A.	A general hand, drive, stable, and shop: from the time the award came into force I got 47/6 [47 shillings and 6 pence] a week.
Q.	What was said when you got the notice to leave?
A.	There was nothing said to me at the time I got the notice to leave only one evening – I don't know whether it was morning or afternoon now – there is what they call a mounting room, I went into there. Mr Bull asked to sign some certificates and he made a remark to me that he had been speaking to one or two of the employees on the preceding night, and they made the remark that I was taking a great interest in the Union, my reply was that I didn't know about taking an active part in it, that I was President of it, and I had not much to say as an ordinary member of the Union, I had to sit and listen.
Q.	Prior to that, was any fault found with you?
A.	Mr Bull never found any fault with my work from the day I entered his service up to the day I got the notice.

Another extract is from the evidence of a waitress employed at Sargent's, which is taken from the transcripts of hearing by the NSW Board of Trade: Cost of Living of Adult Female Workers 9 Oct 1918 – 9 Dec 1918, NRS 670, [2/5768]. It illustrates that the basic needs of working people remain the same.

The questioner having established that the waitress received the award rate of 18s [shillings] per week then enquired about her living costs:

Q.	You rent a furnished room at Bronte:
A.	Yes.
Q.	What do you pay for that?
A.	5s. a week. I share it with another girl, who pays the same as I do.
Q.	And what does it cost you for tram fares to your work and back again?
A.	6d. [pence] a day.
Q.	That is 3s. a week?
A.	Yes.
Q.	Are there any extra charges there? Do you pay anything extra for gas?
A.	3d. a week I pay for gas.
Q.	And do you do your own washing with that?
A.	Yes, except my aprons.
Q.	You do all your washing except your aprons which you wear at work?
A.	Yes.
Q.	They have to be properly laundried, I suppose?
A.	yes.
Q.	What does that cost you per week?
A.	2s. per week. It is 4d. for each apron.
Q.	That is six aprons per week?
A.	Yes, a clean apron every day.

The questioner then moved on to asking the waitress about her union fees – 3d per week – and then to the meal arrangements at Sargent's and the contents of the meals she received as part of her employment. It was noted in the transcripts that the meals were valued at 13s per week. The witness explained that on Sundays she did not have breakfast because she could not afford it and that her midday meal cost 1s 3d [1 shilling and 3 pence]. At the end of the week there was little remaining from her 18s 'pay packet'.

The primary focus of this research report has been on the location of the transcripts created by the Court of Arbitration and its successors. There are also many other records which will provide valuable information for researchers of industrial history. Some of these have been described in this report but there are many others waiting to be rediscovered by a new generation of researchers.

Christine Yeats (Manager, Public Access – State Records NSW) is responsible for coordinating State Records' reading rooms, outreach programs, publications and services for the public. Christine is the Treasurer of the History Council of NSW, the State Records' representative on the Australian Women's Archives Project (NSW Joint Committee) and President of the Randwick and District Historical Society. Christine regularly addresses history conferences, seminars and workshops on using the State archives.
<accman@records.nsw.gov.au>

Endnotes

^1. An agency is an administrative or business unit which has responsibility for carrying out some designated part of the overall functions belonging to an organisation.

^2. A record series is a group of (one or more) record items accumulated by an agency or person which have a common identity and system of control, and are generally in the same format.

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