Incorporating Orders Into Awards

Press, Volume XCVIII, Issue 29004, 19 September 1959, Page 12

Incorporating Orders Into Awards

When making any award to supersede, in whole or part, any award or industrial agreement to which any general or other order applies, or to which it is specifically applied by any provision in the award, the Court of Arbitration will incorporate in such rates of remuneration as the Court thinks just and equit-able,-as an integral part of those rates, the effect of the general or other order.

This is the pronouncement made by a majority of the Court —the chairman (Mr Justice Tyndall) and the employees’ representative (Mr F. C. Allerby)— on an application to it for incorporation of any increase and previous general orders to the basic rates in awards. The effect would be to increase overtime The Court comments that of 604 awards and industrial agreements in force this year, about 100 had the principle of incorporation put into effect. Many of the 100 cases dealt with local authorities’ employees. Incorporation would not appear to be unduly costly or seriously embarrassing to employers in the great majority of industries covered by awards, but in a few

cases full application of the principle would involve a heavy financial burden, the Court continues. “If incorporation is not now adopted, it seems to us that the difficulties will be progressively accentuated unless a very severe depression occurs which would justify substantial reductions in wage rates.” the decision says. Awards were not framed in a uniform pattern, and before incorporation was put into effect in any award, the Court considered it should hear the parties concerned. It does not consider the time opportune to declare the principles that will be observed, "although later it may be in a position to do sp,” the Court adds.