SECOND COURT.

Auckland Star, Volume LXVIII, Issue 263, 5 November 1937, Page 12

SECOND COURT.

TEMPORARY MEASURE.

ARBITRATION ARREARS. IMPORTANT AMENDMENTS. (By Telegraph.—Parliamentary Reporter.) WELLINGTON, Thursday. In addition to making provision for the setting up temporarily of a second Court of Arbitration to overtake arrears that have accumulated as the result of new industrial legislation, important and far-reaching provisions are contained ill the Industrial Conciliation and Arbitration Amendment (Xo. 2) Bill, which was introduced into the House of Representatives by Governor-General's Message to-<lav, read a second time pro forma, and referred to the Labour Committee. This course was considered necessary by the Minister of Labour, Mr. Armstrong, in view of objections that have been raised by workers' and employers' organisations to certain provisions contained in the bill. The bill empowers the GovernorGeneral to appoint a judge of the Supreme Court as an additional Arbitration Court judge for a term of 12 months, subject to renewal from time to time. He shall hold both offices concurrently. If necessary a temporary judge may be appointed to take his place on the Supreme Court Bench. Two nominated members of the Court, to be appointed by the Minister, will hold office for the same term as the judge, and will receive salary and allowances as prescribed by regulation. The nominated members of the present Court are appointed on the recommendation of the industrial unions, but in view of the fact that at least two months' time would be lost under this procedure, and that the extra Court is urgently required, the Minister is empowered to nominate the members. Another clause stipulates that the members of the two Courts are not interchangeable, and equal powers are conferred on both Courts.

Delegation of Functions. The Court is empowered to delegate its functions, except so far as they concern the hearing of disputes and the making of awards, to a stipendiary magistrate, or any registrar or deputyRegistrar of the Supreme Court, or the registrar of the Court of Arbitration, or any clerk of awards. These functions might include the adding or striking out of parties to existing awards, applications for exemptions, and the hearing of appeals from the decision of an apprenticeship committee or a district registrar of apprentices. Where such powers and functions have been delegated, provision is made for the right of appeal to the Court within 10 days. Modification of tlie provisions for citing employers in a dispute is inserted in tbe bill. Under the principal Act, in an application to have a dispute heard by a conciliation council, the applicant must cite all employers in the industry or related industries in the area concerned. In order to simplify this procedure provision is made for the citation merely of the industrial unions and industrial associations (if any) of employers, or, if there are no such unions or associations, of a number of representative employers, to the satisfaction of the Conciliation Commissioner. The other employers in the industry or industries in the area concerned are automatically brought in as parties to the proceedings without any citation. This is on the lines of Australian legislation.

The Court is em [lowered by a subclause to direct further parties to be cited if it considers that failure to cite such other persons may be the cause of injustice to them.

Important Clause. An important consequential amendment to the original Act prescribes that awards will apply to trade unions, industrial unions, industrial associations, or employers who are connected with or engaged in the industry when the award comes into force, or at any time subsequently. Under the present Act an award applies only to the parties named and to subsequent parties, that is, parties who may become connected with or engaged in the industry after the award is made. Under the proposed amendment any such union, association or employer who has not been personally cited is given the right, within one mouth after being bound by an award, to apply to the Court for total or partial exemption, but until the application is disposed of the applicant must observe the award. The right of the Court to delegate its powers will expedite the hearing of applications.

Another clause in the bill enables unions to amalgamate, irrespective of whether they are in the same industrial district or not. This is consequential on the legislation of last session empowering the registration of unions to cover more than one industrial district.

By virtue of another amendment, chartered clubs, racing clubs, trotting clubs and hunt clubs will no longer enjoy exemption from awards and industrial agreements in respect to workers employed by them.

Registration. The final clause of the bill modifies the provisions for the registration of industrial unions of workers for two or more industrial districts. Under the principal Act, where the number of members of a society of workers is not sufficient to qualify such society for registration as an industrial union covering one industrial district (that is, the society has less than 15 members), the registrar may register the society if he is satisfied that the number of members is not less than one quarter (with a minimum of five) of the total number of workers in the industry in the industrial district or locality concerned. This amendment applies the same principle' to the branches of societies of workers desiring registration in respect to two or more industrial districts. In some cases it has been found that registration of a New Zealand union of workers could not be granted l>ecause in each of five or more of the eight industrial districts there were not 1") workers in the industry, and the society could riot, therefore, satisfy the registrar that it had a branch of not less than 15 members in each of the four industrial districts as required by the Industrial Conciliation and Arbitration Amendment Act, 1936.