Full description Background State regulation of relations between employers and employees has been subject to various legislative provisions, the nature of which has changed over time. State legislation has included provisions for the imposition of penalties for breach of employment contracts, for minimum wages and conditions of employment, for registration of unions of employers and employees, for processes of conciliation and arbitration to settle industrial disputes and for the registration of Determinations and Awards having the force of law. State regulation of labour has had two principal strands: the regulation of physical conditions (see workplace health and safety) and the regulation of non-physical conditions such as wages, hours, leave etc. It would appear that industrial relations has mostly been concerned with wages and hours and other non-physical conditions. Since 1904 responsibility for working conditions has been shared with the Commonwealth which has responsibility for industries operating nationally. To 1896 Relations between employers and employees were originally conducted by means of contracts of service which were subject to the provisions of Masters and Servants Acts, principally concerned with the imposition of penalties for breach of contract. Early attempts by workers to form unions ("combinations") for mutual benefit and protection as well as unified action to improve wages, hours and conditions were subject to legal obstacles. The first State intervention to protect the health and welfare of certain industrial workers was provided for in the Supervision of Workrooms and Factories Act 1873 (37 Vic., No.466) which forbad the employment of any female in a factory employing not less than ten persons for more than eight hours in any day. The Act sought to "mitigate the worst evils of the factory system" but its inadequacies, including a lack of enforcement, led to public agitation and strikes which resulted in the appointment of a Royal Commission in 1882. The result of the Commissioner's Report of March 1884 was the Factories and Shops Act 1885 (49 Vic., No.862), which became operative in March 1886. That Act regulated the hours of work of women and children. It also provided for the registration of factories and the appointment of inspectors to ensure greater compliance with the Act's provisions. The Trade Unions Act 1884 provided for the registration of unions. Registration under the Act gave a trade union a corporate identity and legal status for the purpose of engaging in strikes. Registration was not compulsory and few unions registered under this Act. 1896 to 1981 The Royal Commission of 1882 considered the introduction of Courts of Conciliation and Arbitration for the negotiation and settlement of industrial disputes. It was not until the Factories and Shops Act 1896 (60 Vic., No.1445) was passed, however, that a Government system for negotiating industrial disputes (other than a Court of Law) was introduced. The Act provided for special Boards, comprising representatives of employers and employees, to be elected by their peers (with the exception of a Board for the furniture trade which was to be appointed by the Governor in Council) with power to determine the lowest price or rate of payment for preparing or manufacturing clothing, footwear and furniture and for bread making and baking. The Wages Board system which developed for the settlement of industrial disputes, including the determination of wages, hours and conditions of employment, had its origins in Victoria and was based on the jury principle of trial by peers. The special Boards originally consisted of equal numbers of representatives of employers and employees, with the qualification that each should be actively engaged in the trade concerned. The Factories and Shops Act 1934 modified this to permit a paid officer of any corporation, public body, or association of employers to be elected to represent employers. If such an officer was appointed then one of the employees' representatives was to be an officer of the trade union concerned. Originally four Boards were established and subsequently there were over two hundred in operation. The work of each Board related to the wages and conditions of work of a particular group or category of workers working in a specific trade, a branch of a trade, or a related group of trades. Until the early 1900's the wages of the majority of the wage earners were not determined by the Wages Boards. In most cases wage rates were simply determined by collective bargaining or, where unions did not exist, by individual work contracts. It is evident that initially the Wages Boards were primarily forums for negotiation between employers and employees, agreement being reached by a majority of votes. The independent Chairman (appointed by the Governor in Council) appears to have been given a casting vote. Gradually the Chairman was vested with power to determine a matter where the representatives of each side could not agree. The employment conditions set by the Boards were known as Determinations and had the force of law. The matters which could be determined by the Wages Boards were extended by amendments to the original legislation. The Factories and Shops Act 1897 (61 Vic., No.1518) provided that the minimum wage could be varied according to the age and sex of the workers. The Factories and Shops Act 1898 (62 Vic., No.1597) amended the 1896 Act with respect to the Special Boards including the provision of a right of appeal against decisions of the Special Boards before the Supreme Court (see employment conditions appeals below) and a provision that the Special Boards could also fix the maximum number of hours per week to which the rate of payment applied. The Factories and Shops Act 1903 (3 Edw.VII, No.1857) provided for special wages to be fixed for "aged, infirm or slow" workers. The Factories and Shops Act 1907 (7 Edw.VII, No.2137), which came into force 1 March 1908, provided for the Special Board system to be extended to certain trades and businesses not connected with factories. The Factories and Shops Act 1909 (9 Edw.VII, No.2184) provided for Special Boards to be appointed with respect to shops to fix wages, prices or rates. The Factories and Shops Act 1909 (No.2) (9 Edw.VII, No.2241) increased the powers of the Special Boards, including the prescription of the form of apprenticeship indentures. The Factories and Shops Act 1910 (1 Geo.V, No.2291) provided for Special Boards to fix the number or proportionate number of apprentices and improvers employed in any trade, business or occupation. The Factories and Shops Act 1910 (No.2) (1 Geo.V, No.2305) provided for Special Boards to be appointed for any trade, business or occupation in the whole or any part of Victoria and extended their powers to fix the times of beginning and ending work upon each day, and to fix special rates for Sundays and public holidays. The Factories and Shops Act 1927 extended the powers of the Wages Boards to determine any matter with respect to conditions of employment. The Labour and Industry Act 1953 provided that Wages Boards could make a Determination in respect of any one or more employers or establishments, could hear the representations of any interested organisation or person and could appoint a Board of Reference to determine disputes of fact concerning any provision of a Determination. The Act also required organisations of employers or employees to inform the Chairman of the appropriate Wages Board of any impending or actual industrial dispute. Certain minimum conditions, such as a minimum weekly wage, were provided for in the legislation. The enforcement of both the legislative requirements and the requirements of Determinations set by the Boards was undertaken by Inspectors of the Department of State of the Minister administering the relevant legislation - see the Industrial Compliance function. 1981 to 1992 Following recommendations of a Committee for Review of the Labour and Industry Act 1958 the Industrial Relations Act 1979 (No.9365) was introduced, coming into operation on 1 November 1981. The Act provided for the establishment of the Industrial Relations Commission. The role of the Commission was to expeditiously resolve industrial disputes, to determine industrial matters and, through a system of Conciliation and Arbitration Boards, promote the resolution of industrial difficulties without recourse to industrial action. The powers and duties of the Industrial Relations Commission were able to be exercised by either the President sitting alone (referred to as the Commission in Court session), the President and both Commissioners sitting together (referred to as the Commission in full session) or one Commissioner sitting alone. The powers vested in the President sitting alone were exercised as a result of his/her qualification to be appointed a Judge of the Supreme Court. The Commission in full session could hear and determine: applications for the constitution or abolition of a Board applications for the jurisdiction of a Board to be increased or reduced applications for the interpretation of an award or registered agreement any industrial matter referred by the Minister, a Board or the Chairman of a Board appeals against awards made by the Conciliation and Arbitration Boards appeals against the decision of the registrar to recognise or refuse to recognise an industrial association matters relating to the recognition of industrial associations applications to revoke the registration of an industrial agreement. The Commission in Court session could hear and determine: appeals against convictions by a Magistrates Court for an offence against the Industrial Relations Act, the Labour and Industry Act or the Industrial Training Act applications by industrial associations to convene a meeting of a Board appeals against decisions of the secretary to refuse to register or to cancel the registration of any factory or shop or market site. A Commissioner sitting alone could hear and determine any industrial dispute or matter referred to the Commission as directed by the President of the Commission. Under the 1979 Act, Conciliation and Arbitration Boards (VA 1010) were able to be established by the Commission for any trade, branch of a trade, or group of trades. These Boards replaced the Wages Boards and had power to make an Award relating to any industrial matter concerning the trade for which they were appointed. The matters most often dealt with were: days and hours of work pay and wages privileges and rights of employers/employees industrial disputes terms and conditions of employment demarcation disputes. The Industrial Relations Commission oversaw these Boards and had the power to create or abolish Boards and to define, vary or extend the area of jurisdiction of any Board. Under the Industrial Relations Act 1979 any association of employers or employees could apply to be recognised as an association with respect to any trade or trades for which a Conciliation and Arbitration Board had been constituted. Applications for recognition as an association were required to be lodged with the Registrar of the Industrial Relations Commission. Recognition gave the association the right to nominate members for appointment to Boards, to appear before the Commission or a Board and to enter into industrial agreements. Recognition under this Act did not confer corporate status on an association. Industrial agreements between recognised associations of employers and/or employees were required to be filed with the Registrar and, if approved by the Commission, were to be registered. The Industrial Relations (Miscellaneous Amendments) Act 1987 (No.94/1987) was passed on 30 April 1987 and incorporat... truncated
Data time period: 1836 to 2013