ARBITRATION ACT

Evening Post, Volume CV, Issue 88, 13 April 1923, Page 8

ARBITRATION ACT

NOT COMPULSORY ON WORKERS STRIKE LEGISLATION WHAT THE STATUTES PROVIDE. With reference to the interview published in la-st night's "Post" respecting the Arbitration Act and the Labour Disputes Investigation Act, and the question of strikes, a gentleman who was familiar with the circuihstances at the time the last-named statute was paesed, in 1913, stated to a. reporter to-day that there is no anomaly as between the two Acts. They harmonise with one another, ho said, the Labour Disputos Investigation Act being complementary to the Arbitration Act. "There is a general impression." he remarked, "that the Industrial Conciliation and Arbitration Act provides for a system of compulsory arbitration. -The Act is not compulsory on the workers unless they choose to register under it and obtain an award or industrial agreement. It is then unlawful for them to strike, or to be locked out. If they do not choose to register under this Act, then they automatically come under the Labour Disputes Investigation Act, under which strikes may take place, but not until after a certain, period has been allowed for an investigation of the cuepute and for publicity to be given to the whole matter. If, as suggested by "The Post's* informant, the Labour Disputes Investigation Jfct were repealed, then there would be no restriction whatever upon unions striking when they were not registered under the Industrial Conciliation and Arbitration Act. It was stated further, by 'The Post's' informant, that the Labour Disputes Investigation Act did not say what action should be taken by the parties if the voting at the secret ballot went against a strike, and that the deadlock continued. The provisions in this Act' were inserted deliberately. When a ballot has been taken the workers are free to strike or not, as they choose. If the ballot is against a strike it is assumed, of course, that no strike will take place, as the men. would be foolish to strike in such circumstances. Should the ballot be in favour of a strike it would be ridiculous for the Act to say that a strike must take place. It merely leaves the workers at liberty to strike if they wish to do so. It was also stated by 'The Post's' informant that an agreement filed under the Labour Disputes Investigation Act ended absolutely on the expiry of the period for which it was made, whereas industrial agreements or awards of the Arbitration Court continued in force indefinitely, so long as the union remained registered under the Act, or until they were' superseded by others. ■ These provisions are also deliberate. The idea of the Arbitration Act is that so long as a union is registered it should not be permitted to strike, and if it is not satisfied with the agreement or award under which it has been working it may apply for a new one, provided, ol course, that the specified currency of the agreement or award has expired." The information supplied above was referred to Mr. F. W. Rowley, Secretary for Labour, who stated that it was generally correct. "It may be interesting to mention," remarked Mr. Rowley, "that since the Labour Disputes Investigation Act was passed tenv years ago, there have'been 39 disputes dealt with, although there are only about 20 agreements in force at the present time. This is because in a number of instances, the first agreements having expired, fresh disputes have, been filed by the same unions. Under the Industrial Conciliation and Arbitration Act there are about 550 awards and industrial agreements in force. To show how far the Labour Disputes Investigation Act has be«i sucessful in settling disputes without the workers feeling the necessity of having j recourse to strikes, it may be pointed out that of .39 disputes dealt with up to 31st March, 1923, a settlement. was reached in every instance except one, and in this a settlement was subsequently reached by means of an award under the Arbitration. Act. Only four ballots were found necessary, three resulting in favour of a strike, and one against. Even in the cases where strikes were decided upon by ballot they did not eventuate. In two instances only was there interruption of work, namely, a ten days' strike, and a go-slow policy. One of these occurred before the dispute was filed and investigated, and the other was during the investigation. In both these cases the dispute was settled." .' Mr.. Rowley added that before workers are permitted to take part in a strike under the Labour Disputes Investigation Act, it is necessary that the dispute be submitted to investigation at a conference or before an impartial tribunal.