Legislating For Compulsory Unionism: The New South Wales Experience*

Labour History

Volumn , Issue 72, 1997, Pages 149-162

  Balnave, Nikola ^a  

^a NONE

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EID: 85112554388     PISSN: 00236942     EISSN: None     Source Type: Journal    
DOI: 10.3828/27516470     Document Type: Article

References (67)

1. The pre-entry closed shop requires prior union membership recruitment, while the post-entry closed shop (otherwise kno requires all employees to be or to become union members wit after recruitment.
2. Preference can operate at other stages of employment retrenchment.
3. R. Martin, 'Legal Enforcement of Union Security in Australia', in J. (eds), Australian Labour Relations Readings. Second Edition, Sun Books, 173.
4. For an in depth study of the extra-legal arrangements in Australia, see P. Weeks, Trade Union Security Law. A Study of Preference and Compulsory Unionism, Federation Press, NSW, 1995.
5. The exception is a recent study by Weeks, ibid.
6. Despite the controversy that surrounded the legislative introduction of compulsory unionism in New South Wales in 1953, labour historians generally pass over the issue, or at most, briefly mention it in connection with another matter. See R. Markey, In Case of Oppression: The Life and Times of the Labor Council of New South Wales, Pluto Press, Australia, 1994; G. Patmore, Australian Labour History, Longman Cheshire, Melbourne, 1991.
7. In this period, Australian unionism was numerically strong -1957 figures show that 59 per cent of all Australian wage and salary earners were union members. R. Martin, 'Legal Enforcement of Union Security in Australia', p. 170.
8. These Groups had been set up inside unions in an attempt to destroy Communist influence. While there were unofficial anti-communist groups before 1945, since that time they had the official blessing of the ALP.
9. Indeed, it was predicted that membership would rise from 10,000 to 80,000 in the Federated Clerks' Union and from 15,000 to 40,000 in the Shop Assistants' Union, Sydney Morning Herald (hereafter SMH), 18 June 1953, p. 2; 24 June 1953, p. 2.
10. Industrial Group members were largely drawn from the Catholic Social Studies Movement (the Movement) which held political views to the right of those traditional to Australian labour, and from unionists who generally accepted similar political views. R. Martin, 'Legal Enforcement of Union Security in Australia', p. 184.
11. NSW Parliamentary Papers (hereafter NSWPP), Second Session 1953, pp. 67-68; SMH, 25 Nov 1953, p.l.
12. SMH, 24 June 1953, p. 1.
13. SMH, 9 October 1953, p. 3.
14. SMH, Daily Mirror, October / November 1953.
15. The Chamber of Commerce was involved only in the second deputation.
16. Representations made to the Minister for Labour and Industry and Social Welfare on behalf of the employers, 22 June 1953, Graziers Association of NSW, E256/959, Noel Butlin Archives Centre, Australian National University (hereafter NBAC/ANU); SMH, 18 June 1953; 23 June 1953, p. 3.
17. Interview with Mr J. Ferguson, 21 July 1994. Mr Ferguson was an organiser for the left wing Building Workers' Industrial Union in the 1950s.
18. Tribune (Communist Party of Australia Central Committee), 25 November 1953, p. 2.
19. Interview with Mr V. Higgins, Secretary of the Federated Clerks' Union of Australia (hereafter FCUA), NSW Branch, 11 May 1994. During the 1950s, Mr Higgins was an organiser for the FCUA, NSW Branch.
20. Interview with Mr J. Ferguson, 21 July 1994.
21. Correspondence from the Electrical Trades Union of Australia NSW Branch to the Labor Council of NSW, 4 November 1953, ALP, NSW Branch, ML MSS. 2083/360 KH 7360, Item No.915, State Library of NSW, Mitchell Library.
22. Labor Council of NSW Minutes, CY ML MSS. 2074/35, p. 1391,5 November 1953, State Library of NSW, Mitchell Library; SMH, 6 November 1953, p. 1.
23. NSW Parliamentary Debates (hereafter NSWPD), November 1953.
24. NSWPD, 17 November 1953, p. 2004.
25. NSWPD, 12 November 1953, p. 1918.
26. J. Hagan and K. Turner, A History of the Labor Party in New South Wales, 1891-1991, Longman Cheshirere, Melbourne, 1991, p. 157.
27. Circulars to members from Sydney Chamber of Commerce, 3 Dec 1953, Employers' Federation of NSW, 4 December 1953, Metal Trades Employers' Association, 21 December 1953, Graziers' Association of NSW, E256/997, NBAC/ANU.
28. Circulars to members from the Graziers' Association of NSW; Employers Federation of NSW, Graziers' Association of NSW, E256/997, NBAC/ANU.
29. Correspondence from the J.M.Riordan, Federal Secretary of the FCUA, to H.J.Souter, Secretary of the ACTU, 22 October 1959, FCUA.
30. SMH, 15 Jan 1954, p. 1.
31. Central Council Minutes, 1 & 2 May 1954, FCUA, NSW Branch.
32. Section 92 states: 'On the imposition of uniform duties of customs, trade commerce and intercourse among the States whether by means of internal carriage or ocean navigation, shall be absolutely free.' Section 109 states: 'When a law of a State is inconsistent with the law of the Commonwealth, the latter shall prevail and the former shall, to the extent of the inconsistency, be invalid'.
33. Statement by Mr FJ.R.Gibson on behalf of the six employer organisations, Feb 121954; Graziers' Association of NSW, E256/997, NBAC/ANU; Graziers' Association of NSW Executive Minutes, 2 Feb 1954, Graziers' Association of NSW, N123/29, NBAC/ANU.
34. Circular to members of the Employers' Federation of NSW, 13 Jan 1954, Graziers' Association of NSW, E256/997, NBAC/ANU; Central Council Minutes, 1 & 2 May 1954, p. 6, FCUA, NSW Branch.
35. 'Statement re Compulsory Unionism' in 'Muster', 24 February 1956, Graziers' Association of NSW, E256/1066, NBAC/ANU.
36. SMH, 15 January 1954, p. 4.
37. Central Council Minutes, 1 & 2 May 1954, FCUA, NSW Branch.
38. Central Council Minutes, 1 & 2 May 1954, FCUA, NSW Branch.
39. SMH, 16 June 1954, p. 2.
40. Membership Statistics, 1953-59, FCUA, NSW Branch.
41. Sun Herald, 10 July 1958. Evidence of the implementation of the plan was found in correspondence to the Graziers' Association of NSW from members whose employees had walked off the job because of the employment of non-unionists. Graziers' Association of NSW, E 256/1158, NBAC/ ANU.
42. SMH,10ctl959,p.2
43. R. Martin, 'Legal Enforcement of Union Security in Australia'.
44. Ibid, p. 185.
45. Ibid
46. Ibid, p. 190
47. Ibid, p. 189-190.
48. Ibid, p. 186.
49. SMH, 28 Jan 1955, p. 1; 29 Jan, 1955, p. 4.
50. Letter in the SMH, 3 July 1958, p. 2.
51. R. Martin, 'Legal Enforcement of Union Security in Australia', p. 186.
52. The Victorian Labor Party had experienced a disastrous split in 1955 as a result of the Federal Executive's order to refuse recognition to the Industrial Groups in that state, and to disband them.
53. SMH, 6 June 1956, p. 12.
54. SMH, 15 March 1957, p. 1.
55. SMH, 16 March 1957, p. 6.
56. SMH, 30 Nov 1957, p. 7.
57. Central Council Minutes, 24 & 25 May 1958, FCUA, NSW Branch.
58. Central Council Minutes, 24 & 25 May 1958, Minutes 8-9, FCUA, NSW Branch.
59. Labour and Industry Ministerial Report on Compulsory Unionism, 1953, Department of Labour and Industry, Division of Industrial Relations, 5/4978, State Archives of NSW.
60. Labour and Industry Ministerial Report on Compulsory Unionism, 1953, Department of Labour and Industry, Division of Industrial Relations, 5/4978, State Archives of NSW.
61. See R.Martin, 'Legal Enforcement of Union Security in Australia', pp. 189-191.
62. NSWPD, 24 Nov 1959, p. 2127.
63. NSWPD, 24 Nov -1 Dec 1959.
64. Memorandum for Employer Organisation, 1959, Graziers' Association, E 256/1158, NBAC/ANU.
65. Sun Herald, 4 Oct 1959, p. 15; Interview with Mr V. Higgins, 11 May 1994.
66. NSWPD, 24 Nov 1959, p. 2242; 25 Nov 1959, p. 2277.
67. R. Martin, 'Legal Enforcement of Union Security in Australia', p. 191.