BEEBY AWARD.

Auckland Star, Volume LX, Issue 304, 24 December 1929, Page 7

BEEBY AWARD.

N.S.W. COAL STRIKE.

Full Report Of Judgment On

Dispute.

HISTORY OP THE TROUBLE,

Judge Beeby, in the Federal Arbitration Court on November 20, gave judgment concerning the New South Wales coal dispute, as follows: — "On or about March 2, 1929, the proprietors of certain collieries in the Newcastle district simultaneously gave notice of their intention to reduce the hewing rates and wages of their employees, members of the Coal and Shale Employees' Federation, and other industrial organisations, registered under the Commonwealth Conciliation and Arbitration Act, and subsequently on their workmen refusing to accept such conditions closed their collieries. .''The hewing and wages rates then prevailing had mainly been arrived at through the instrumentality of a special tribunal created under the Industrial Peace Act, 1920. Negotiations for reopening the collieries, which need not now be traversed, had been carried on from time to time without result. "At the outset the dispute between the collie) y proprietors and their workmen was purely local, and affected only operations carried on in the State of New South Wales; but gradually, owing to the cessation of exports to other States of coal produced by the closed collieries, the dispute increasingly affected industrial operations in other States. Shortage of coal supplies hampered the operations of enterprises reiving on coal for their motive powei, anil the dispute assumed national significance. "Oil or about December 12, the Government of New South Wales acquired temporary control of one of the closed collieries, and announced its intention of paying for coal produced at the reduced rates which the colliery proprietors had stated their intention to pay. The fact that wage rates lower than those prevailing at the time of closing the collieries were to be paid caused unrest in the State of Victoria, where, apparently from apprehension that this action might ultimately result in reductions of wages, the empioyces of the State coal mine at Wonthaggi gave expression to their fears, and subsequently ceased work in making common cause with the Newcastle men who had been the employees of the closed collieries. Similar action was threatened by colliery employees in the State of Queensland. The threatened production of coal at rates lower than thoso fixed by an industrial tribunal also created unreSt in industries other than coal production, and the interruption of national transport amongst other activities became probable. "Whether in such circumstances there existed a dispute or 'a threatened or impending dispute,' would in the meaning of the Act, and whether the dispute Was one within the jurisdiction and of tho constitutional power to intervene for the purpose of 'prevention,' were matters calling for most careful consideration. "In view of the fact that the original dispute has spread to members of the, same federation in another or other States, making common cause with those of New South Wales, and of the threatened or impending extension of the dispute to other industries of more than one State, the Court thought it could constitutionally intervene, and summoned a compulsory conference.

"The Constitutional power relates to prevention as welJ as settlement of disputes. Prevention connotes consideration by the Court set up under the power of circumstances which may result in a dispute extending. The Court came to the conclusion that the circumstances brought under its notice by the Registrar indicated an actual dispute extending or threatened wider extension.

"If the subject matter of the dispute threatens to extend to persons beyond the limits of one State; if a dispute of purely local origin threatens to persons other than the original disputants in the State of origin, and from them to persons in other "States in no way connected with the original dispute, has the Court power to act in prevention of such extension ? I think it has.

"On the facts brought under my notice at the conference, and having by other means informed my mind, I form a definite opinion that an industrial dispute extending beyond the limits of one State exists, and" that wide extension of such dispute was threatened or pending, and the compulsory conference, called by Chief Judge Dethridge, having failed to arrive at an agreement, I referred the dispute into the Court.

"That dispute now being before the Court it is necessary to consider what, under the circumstances, is the _ best course to pursue. In order to facilitate the proper hearing I am of the opinion that the wages paid and conditions of labour prevailing at the time of origin of the dispute—that is, March 2, 1929— should continue until final award.

"I make an appeal to the parties to agree to this' course in order that the dispute now existing may temporarily be settled and its threatened further extension to other industries in this and other States be prevented. I refer the parties to the following statements made by me at the conference: —'There are times of crises when the wisest course is to retrace steps back to the origin of the trouble, and to start afresh, without abandoning the original objective.'

"I believe this is such an occasion. The present industrial policy of the Commonwealth as expressed in Federal and State laws is that organised disturbance of labour conditions shall not take place without the authority of some tribunal appointed by law. My desire is to find a way of maintaining that policy without, in the circumstances of the dispute, asking either side to admit that their contentions when the dispute originated were wrong.

"I now join the Government of New South Wales as a party to the dispute before the Court. I award, order, and prescribe: —

"By way of interim award only and without prejudice to the parties on the full hearing of the dispute, the hewing rates, wages, and conditions of employment of coalminers and other workmen hereafter employed in the production of coal shall be those prevailing immediately prior to March 2, 1929.

"This interim award shall come into operation as from 10 a.m. on December 20, 1929, and shall continue in operation until January 31, 1930, or until further orders.

"This interim award shall be binding on the employers, persons and corporations summoned to the compulsory conference, and to the Government of New South Wales, as to the employment of members of industrial unions also summoned."