ARBITRATION IN AUSTRALIA

Press, Volume LXXXIII, Issue 25178, 8 May 1947, Page 7

ARBITRATION IN AUSTRALIA

NEW BILL BEFORE PARLIAMENT COURT’S POWER GREATLY REDUCED (Special Correspondent NZ.P.A.) (Rec. 11.30 p.m.) SYDNEY, May 7. Australia’s new Conciliation and Arbitration Bill is expected by the Government to revolutionise the methods of Settling industrial troubles. When it becomes law it will greatly reduce the functions of the Common-, wealth Arbitration Court by placing the power of Settling disputes in the hands of conciliation commissioners. At first, about 15 commissioners will be appointed and assigned to specific industries or industrial groups. To simplify anq speed their work, the arbitration system will be stripped of legal formalities. When introducing. the bill in the House of Representatives, the At-torney-General (Dr. H. V. Evatt) said that the bill was built on the foundations of past experience, but sought to get away from legalism and technicalities, which had been so much criticised. The bill would assign the Court only functions requiring the use of judicial techniques . or which demanded uniform treatment These matters were standard hours, basic wage, annual leave, and female minimum rates.

The commissioners would be given power to take cognisance of impending industrial trouble and remove it by conciliating the disputants, If conciliation failed, the commissioner would proceed to act in an arbitral capacity. Dr. Evatt said that the existing provisions relating to deregistration of organisations, secret ballots under CoUrt orders, cancellation and suspension of awards, and enforcement of sanctions inserted in awards would be retained. Safeguards against abuse in the employment of young, infirm, or aged workers would be strengthened. A bureau of research and statistics would be set tip to collect information to assist the Court and the commissioners. , He concluded that the succteSs Of the new system would depend mostly on the men administering it. Men were required with a strong sense of social justice and a high degree of personal disinterestedness and impartiality, without which the trust of both sides could never be achieved. The Government rejected the Opposition’s proposal to insert heavy penalties for illegal strikes and lock-outs. The Bin lias passed the House ol Representatives and is now being* dealt with by the Sfenate. Sir Robert GarraH’S Criticism Sir Robert. Garran, a former Commonwealth Solicitor-General, emphasises the datigers of decisions Of coniliatioh commissioners without appeal and of inconsistencies in the awards of commissioners. Under the Act of 1904, the Court Was formed with arbitral power to make awards am) with judicial, powers to enforce them. By amendments in 1926 and 1928, provision was made for three conciliation commissioners exercising the arbitral powers but hot the judicial powers of the CoUtt. The new measure makes fundamental changes in this system, says Sir Robert Garran. It provides for toe appointment of commissioners who have no legal qualification and whose functions will be quite distinct from those the Court iS ih future to exercise. He emphasises that the Court is relatively subordinate and that the legislation is designed to allow the Commissioners to bring practical knowledge and experience to bear oh .existing or threatened disputes. He doubts that men with the required experience gained in industry will be impartial or that they will gain the confidence of both parties. .... He considers that their lack of an adequate outlook on public interest: outside a particular industry will tent to increase the number of disputes and cause even more delays. He advocates an increase in the number of now overworked judges as the only escape from inconsistencies and greater discontent.