Govt Will Legislate To Deal With Disputes

Press, Volume CX, Issue 32359, 27 July 1970, Page 1

Govt Will Legislate To Deal With Disputes

(From Our Own Reporter)

ROTORUA, July 26. Until March 31, when special legislation expires, substantial agreement among the parties to industrial awards will be sufficient to enable the amendment of pay scales.

The Government’s draft legislation, outlined by the Mini Marshall) at the National Party conference yesterday, will be int Industrial Conciliation and Arbitration Act soon after Parliamen

Already approved by the Federation of Labour and the Employers’ Federation, the proposal will temporarily circumvent the act’s requirement that every party to an award shall agree before the Court of Arbitration approves the amending of an award. The bill accords with Employers’ Federation submissions to the Government that swift action is needed to bring lagging rates in unexpired awards into line with recently-negotiated pay rises by many unions. Where ruling rate agreements have been made these may be included in existing awards.

More Expected At the conference Government speakers have made it clear that they do not expect the flood of wage increases to be stemmed before it has passed through the whole wage structure. The re-negotiation of awards so far unaltered by the surge of union claims will be hastened by the legislation, though it is not likely that very many awards will be amended under the dispensation before the Court begins hearing an application for a general wage order. The I Court is required to take into (account recent changes ini award rates.

In his speech to the conference, Mr Marshall put part ( of the blame for the wage spiral on the lack of solidarity I among employers. “Unions have not been slow to take advantage of this,” he said. “The electricians' i award set a new level of pay . rates and once the movement started it had to go right ] through the wage structure—- ! and it should. “All wage rates are relative. The economy has to adjust ■ itself to this new level of ■ wages, costs, and prices.” ] Overseas Trend ! There was slight consola- ’ tion in the fact that the price \ increases in New Zealand had been accompanied by similar increases in New Zealand’s major markets, he said. “But I acknowledge that they are positively harmful to people on fixed incomes and to the farming industry.” Listing proposals to deal with industrial unrest, Mr Marshall also announced legislation to insert in every award a clause providing for a disputes committee. Some awards already contain such a clause. “1 am concerned at the number of disputes on conditions of work and on the interpretation of terms of employment which could be settled quickly on a reasonable basis but where arguments degenerate into coniflicts which engender such 'animosity that the parties

cannot see reason,” said Mr Marshall. The Government will introduce legislation to provide a model clause for all industrial agreements. Details of the clause have yet to be settled, but it will provide for a chairman accepted by unions and employers bound by each award. He need not be a member of the industry. The committees will consist of representatives of both parties and the decisions of the committees on a dispute may be appealed in the Court of Arbitration.

The Court may approve amendments to the powers of a committee but the legislation will forbid any reduction of the authority of the committee as set by the model clause. The costs of the committees will be met by the parties. The act's penalties for award breaches will be applicable to the failure of either party to abide by the decisions of a disputes committee or the Court. Tougher Line Mr Marshall, who is known to be generally adverse to the imposition of penalties in industrial matters, gave some indication to the conference that he would adopt a tougher line in future. He told delegates that good relations in industry would not be achieved by strongarm tactics or harsh, punitive measures.

"The big stick won’t work in New Zealand. It might in Russia. But New Zealanders won’t stand for it I’m a New Zealander and I won’t stand for it.” The Government has not yet completed details of proposed legislation to deal with strikes that cause losses to third parties. Mr Marshall said that he had in mind sudden freezing works strikes which left carcases hanging and waiting stock losing condition. “We propose to introduce legislation to require workers to dispose of stock on hand, or in transit, before resorting to strike action.” Other Foods Interviewed after his speech, Mr Marshall said that he had not yet had the opportunity to discuss this plan with freezing workers’ repre sentatives, but that he intended to do so. The law might be drawn to apply to the handling of other perishable foodstuffs. “We would not require workers to continue if a dispute arose on a question ot

ister of Labour (Mr roduced to amend the it resumes next week. safe working conditions, that would be unreasonable. There might be some difficulty in drawing a clear line as to where stock will be regarded as being “in transit,” he said “The provision must not be open to abuse by either side.’ Personal grievances in industry arising from a clash of personalities—from victimisation, or from defiance or abuse of the man in charge of the job—will also be a subject for new law.

“Without interfering with the right of an employer to dismiss a worker on proper notice, or of the worker to leave a job, we propose to introduce legislation to pro vide a standard procedure foi settlement,” said Mr Marshall. “This will provide first for the union or its representative to try to settle the dispute with the employer and, failing that, for final decision by an independent arbitra tor. “The Minister of Labour will have the power to bring this procedure into operation if there is a work stoppageactual or threatened." Hopeful Signs Mr Marshall said that he was disinclined to abandon the system of conciliation and arbitration though “we must be ready to amend, improve, and update it. “The proposals I have outlined are moves in that direction, and there will be more to come. But I already see the signs of a return to our welltried system."