(2) In arriving at a decision for a dispute referred to under subsection (1), the Labour Commissioner, or the Tribunal, as the case may be, in the absence of any established rates and conditions of employment in the trade or industry concerned, shall have regard to any agreement, custom, practice or award that may be brought to its notice relating to remuneration, hours or terms and conditions of employment of persons employed in a capacity similar to that of the persons to whom the dispute relates in trade or industry carried on under similar general circumstances.