EXEMPTION CLAIMS

Evening Post, Volume CXI, Issue 144, 20 June 1931, Page 14

EXEMPTION CLAIMS

PROCEDURE LAID DOWN

Information regarding the procedure to bo followed'by unions in seeking exemption from the provisions of the general order issued by the Arbitration Court under the terms of tho Finance Act, 1931, was asked for in the Court yesterday afternoon by Mr. F. D. Cornwell,' on behalf of the Trades and Labour Councils' Federation. Many unions had asked the federation to obtain a ruling on the question, said Mr. Cornwell. It had been stated that each union' would have to file a separate application, whother it was under a Dominion award or not, and that each application would be heard separately, at the place where the union was registered. Such procedure would be extremely cumbersome. GOVERNED BY ACT. The Court had considered the matter, replied Mr. Justice Fra/er. It was, of course, governed by the Act, but could make its own procedure in matters not governed, by the Act. Section 18 provided that any application for exemption must be made in the same manner as the initiation of an industrial dispute. Special grounds relied upon for exemption must be- stated and the application filed with the Clerk of Awards in the particular district. The procedure -.would be the same as that adopted under tho Act of 1921. Where a Dominion award governing each of the eight industrial districts was concerned a copy of the application must be filed in each of those districts. There seemed, however, to be some confusion as to what happened after the application was filed, continued his Honour. Each employer would have to have a registered letter sent to him containing a copy of the application. He' did not think it was necessary for the local unions to file their applications separately in their own districts. It would be sufficient for the federation to file an application in each district to which the award applied, and then, when the' Court had fixed the date of hearing, notice of that could be given by advertisement. DOMINION AWARDS. "In the case of a Dominion award, we quite realise that separate hearings are unnecessary," said his Honour, "and Mr. Prime authorises me to say that he will get into touch with the Employers' Federation and see if it. is possible to agree to a single hearing." The federation of unions should get into touch with the federation of employers in each case and arrange for a place of hearing that was mutually convenient. His Honour added that there might, of course, be local circumstances to make separate hearings desirable. "Wo Tealiso that the Act is certainly unfair from our point of view," said Mr. Cornwell. "This Finance Act seems to have gone out of its way to make it difficult for the unions to have these matters decided."

His Honour said that the procedure was exactly the same as under the old legislation. He thought it was generally agreed upon in the case of Dominion awards nine years ago that one hearing would do/