THE ARBITRATION BILL.

Auckland Star, Volume XXXIX, Issue 230, 25 September 1908, Page 6

THE ARBITRATION BILL.

APPOINTMENT OF COMMISSIONERS. DEFINITION OF A WORKER. VARIATION OF AWARDS. (By Telegraph.—Parliamentary Reporter.) WELLINGTON. Thursday. Consideration of tbe Arbitration Bill in Committee was resumed in the House of Representatives to-day. The Minister of labour moved bis new clause, governing the appointment of conciliation commissioners, providing that tbe (lovernment might appoint up to four commissioners, instead of the two provided for in the original bill. This, be said, was intended to guard against any danger of delay in dealing with disputes. Mr Ell said that the Minister's hands should not be tied at all in regard to the appointment of commissioners, power should be given to appoint as many as were required to deal with the work. Mr Izard supported this view. ''We will want a Conciliation Board to keep the commissioners and inspectors in order," remarked Mr Dillon. "Four of these men should be plenty." The Minister said that if be had wanted more than four commissioners be would not have hesitated to ask foT them. He did not think that more than four men would be wanted. The commissioners would have to be paid good salaries, in order that tbe right men might he secured, and the country should not be saddled with an unnecessarily heavy cost. Mr Baume suggested that two permanent appointments should be made, and power taken to make temporary appointments if necessity arose. The Minister replied that it would he more satisfactory for the parties to disputes to know from the first who they would have to meet on the Council. Dr Chappie said that there could be no harm in giving the Minister power to appoint emergency commissioners, but four permanent officers would be ample. The numher of disputes would beeomo less as time went on. The commls« sioners should certainly not bo appointed for particular districts; they should deal with specified groups of industries. The Minister said that he would add a new sub-section, providing that when a commissioner waa not immediately available to hear a dispute, tho Government might appoint a temporary officer. After some debate, sub-section 7 of the clause was struck out. This section provided for each commisnioner being assigned to a particular district, and the effect of the excision was to leave- the disposal of commissioners in the hands of the Government. The new section indicated by the Minister, authorising the appointment of special commissioners in case of necessity, was adopted, and several minor clauses already indicated were adopted. i Tbe Minister moved a new clause re--1 pealing 1 sections 5] and 52 of the principal Act* These were the clauses : under which the Conciliation Board that ; settled the Auckland Tramways dispute I I was set up. Tbe Minister said that j tbe procedure would not be required 1 again, and the clause was adopted. | j A new section moved by the Minister I provided that the definition of worker I should be "any person of any age of f either sex employed by any employer to do any work for hire or reward."' He I said that the definition had been enlarged in order that it might covetall classes of workers, and not exclude 'such workers as journalists and domestic servants. The clause was adopted. The Minister moved an amendment to clause 92 of the principal Act, giving the Court power to vary an award in i cases where a change in circumstances made this course advisable or necessary. He said that in the flax milling industry a variation of the award bad been made necessary by a sudden drop in the market, but no power had existed to deal with the position. The clause presented certain difficulties, but a good deal must be left to the discretion of the Court. The clause was agreed to upon the voices. Mr. Barclay objected to the new clause providing that no award or agreement should affect the employment of any worker who was employed "otherwise than for the direct or indirect pecuniary gain of the employer." He said that the clause exempted domestic servants, chauffeurs, yachtsmen, private gardeners, and similar workers, and deprived them of the benefits of the Act. The Minister said that the workers mentioned would still be able to organise and secure an award or agreement. The clause merely provided that workers not employed for direct or indirect pecuniary gain could not sue or be sued for breach of an award. The award would he noneffective in the case of private employ- i ment, such as was undertaken by a gardener in a private garden. ' Mr. Ell said that under such circumstances tbe workers could gaiu nothing from the award. "If you want to kill the Act, then ' take it into the private homes of the people," replied the Minister. "We must be content to deal with the workers who are employed for profit." The Hon. A. R. Guinness said that he had always understood that the purpose of the Act was to ensure that every worker should secure a fair wage. The '. Minister seemed to be abandoning that , principle. Mr. Hogan said that no group of wor- I kers should be prevented from using the. machinery of the. law to secure fair i conditions. The clause was adopted by 47 votflß : to 17, a new section being added t% provide that its operation should not cover the employees of any local body. A new clause was added by the Minister, providing that an award shall continue in force for the period for which it is made, but at the end of that period the awaril shall be modified in accordance with the law then in force, and shall be continued until a new award is made, this new award to be in accordance with tilt? new law. A number of amendments, moved by Mr. Barclay, were thrown out, and likewise an amendment by Mr. Hogg, providing that the cities of Auckland, Christchurch, WcDington, and Dunedin should be deemed separate industrial districts. Mr. Herries moved a. new clause bringing under the provisions of the Act all employees of the Court who are not classified. Mr. Poland Taised the point that the proposal was out of order, as a clause had already been passed exempting from the provisions of the bill all employees not employed for pecuniary gain. The chairman ruled the proposal in order. The Minister said tho proposal would be valueless, as nearly all State servants were uuder-ft cla«_lfl__th>n acheme. _"h_iT_-_ktt-wa* J _o«t by*-. Tots. ic"l7. Dr.Chajiple. jnOTW_iawL»__sn___ettt'igi*-, ■ htg~yoar*rAo"'ibtr t^imtrif vf© prcrv__» a jkaiu*>*9&%A**norie^^

ance at a technical school. The clause was throw,- out by 48 votes to 9. Mr. Poland moved a new clause to protect from dismissal a worker who has been engaged as assessor in a dispute. If the clause were inserted, he said, it would give the worker additional confidence in electing assessors. The Minister said he could not accept the amendment, but intended to provide for the protection of the assessor in clause 100 of the principal bill. Mt. Poland replied that he would have to insist on his amendment being put to the committee, as the Minister's proposal -would leave the onus of proof with the assessor, while he desired to see the cxnus left with the employer. A division resulted in the proposal being lost by 42 votes to 19. Tho Hon. A. R. Guinness -moved a new clause: "That noindustrial dispute-hould be heard or determined outside the industrial district in which it arose." As au illustration of the need of such limitation, he qnoted the case in which the Blackball miners were cited to appear in Auckland. The Minister objected, on the grounds that the bill already contained sufficient provision on this point. The clause was thrown out hy 46 votes to 17, and the bill was then reported, and put down for further consideration next sitting day.