ARBITRATION COURT

Evening Post, Volume CXXIV, Issue 110, 5 November 1937, Page 15

ARBITRATION COURT

TEMPORARY RELIEF

PROVISION MADE

OTHER CHANGES

EMPLOYEES OF CLUBS MAY

GET AWARDS

In order to relieve the Court of Arbitration of its present burden of work, provision for the establishment of a temporary additional Court of Arbitration presided over by a Judge of the Supreme Court, and consisting of two members nominated by the Minister, is made in the Industrial Conciliation and Arbitration Amendment (No. 2) Bill, which was introduced in the House of Representatives yesterday afternoon by Gov-ernor-General's Message, read a second time pro forma, and referred to the Labour Bills Committee. This course was considered desirable by the Minister of Labour (the Hon. H. T. Armstrong), in view of objections that have been raised by workers' organisations and employers to certain points in the Bill. Several other important amendments are incorporated in the Bill. The Bill empowers the GovernorGeneral to appoint a Judge of the Supreme Court as an additional Arbitration Court Judge for a term of twelve months, subject to renewal from time to time. He shall hold both offices concurrently. If necessary a temporary Judge may be appointed to take his place on the Supreme Court Bench: The nominated members of the Court will hold office for the same term as the Judge, and will receive such salary and allowances as may be prescribed by regulation. The nominated members of the present Court are appointed on the recommendation of the industrial unions, but in view of the fact that at least two months' time would be lost under this procedure, and that the extra Court is urgently required, the Minister is empowered to nominate members. Another clause stipulates that the members of the two Courts are not interchangeable, and equal powers are conferred on both Courts. DELEGATION OF POWERS. The Court is empowered to delegate its functions, except so far as they concern the hearing of disputes and the making of awards, to a Stipendiary Magistrate, or any Registrar or deputyRegistrar of the Supreme Court, or the Registrar of the Court of Arbitration, or any Clerk of Awards. These functions might include the adding or striking out of parties to existing awards, applications for exemptions, and the hearing of appeals from-the decision of an Apprenticeship Committee or a district Registrar of Apprentices. Where such powers and functions have been delegated, provision is made for the right of appeal to the Court within ten days. CITATION PROVISIONS. Modification of the. provisions .-for citing employers in; a dispute, is inserts ed in the BilL Under the principal Act, in an application to have a dispute heard by a conciliation council, the applicant must cite all employers in the industry or related industries in the area concerned. In order Ito simplify this procedure, provision is made for the citation merely of the industrial unions and industrial associations (if any) of employers, or, if there are no such unions or associations, of a number of representative employers, to the satisfaction of the Conciliation Commissioner, and the other employers in the industry or industries in the area concerned are automatically brought in as parties to the proceedings without any citation. This is on the/lines of Australian legislation. The Court is empowered by a Bubclauie, to direct further parties to be cited if it considers that the failure to cite such other persons may be the cause of injustice to them. APPLICATION OF AWARDS. An important consequential amendment to the original Act prescribes that awards will apply to trade unions, industrial unions, industrial associations, or employers who are connected with or engaged in the industry when the award comes into force, or at any time thereafter. Under the Act an award applies only to the parties named therein and to subsequent parties, that is/parties who may become connected with or engaged in the industry after the award is made. Under the proposed amendment, any such union, association, or employer who has not been personally cited is given the right, within one month after being bound by an award, to apply to the Court for total or partial exemption, but until the application is disposed of the applicant must observe the award. The right of the Court to delegate its powers will expedite the hearing of applications. AMALGAMATION OF UNIONS. Another clause in the Bill enables unions to amalgamate, irrespective ol whether they are in the same industrial district or not. This is consequential on the legislation of last session empowering the registration of unions to cover more than one industrial district. By virtue of another amendment, chartered clubs, racing clubs, trotting clubs, and-hunt clubs will not longer enjoy exemption from awards and industrial agreements in respect of workers employed by them. PRINCIPLE EXTENDED. The final clause of the Bill modifies the provisions for the registration of industrial unions of workers for two or more industrial districts. Under the principal Act, where the number of members of a society of workers is not sufficient to qualify such society for registration as an industrial union covering one industrial district (that is, the society has less than fifteen members), the Registrar may register the society if he is satisfied that the number of members is not less than one-quarter (with a minimum of five) of the total number of workers in the industry in the industrial district or locality concerned. The amendment applies the same principle to the branches of societies of workers desiring registration in respect of two or more industrial districts. In some cases It has been found that registration of a New Zealand union of workers could not be granted because in each of five or more of the eight industrial districts there were not fifteen workers in the industry, and the society could not, therefore, satisfy the Registrar that it had a branch of not less than fifteen members in each of the four industrial districts as required by the Industrial and Conciliation Amendment Act, 1936. ARREARS OF WORK. "The main purpose of the Bill is to enable the Arbitration Court to catch

up with arrears of work," said the Minister of Labour, when giving an explanation of the measure. "Cases toeing heard at the present time have been waiting twelve months or more. The Court is getting further behind, and something must be done immediately if the arbitration syaem is to be saved." The Minister said provision was made for the temporary appointment of a Judge of the Supreme Court as an additional Judge of the Court of Arbitration. The Leader of the Opposition (the Hon. Adam Hamilton): A new Judge? The Minister said that was a question for the Minister of Justice (the Hon. H. G. R. Mason) to decide. He would have to consider whether he would transfer one of the present Judges to the Arbitration Court to relieve temporarily or appoint another Judge. The second Court would automatically go out of existence in-twelve months, or possibly much sooner. Once the arrears were caught up, one Court would be sufficient to carry on. In reply to further questions from Mr. Hamilton, the Minister said it might be found wise to allow one of the Courts to deal with all compensation work. The same might also apply to definite industries, so that there would not be conflicting views before two Courts. Co-ordination of the courts was necessary. EXEMPTION REMOVED. Chartered clubs, racing, trotting, and hunt clubs would no longer be entitled to exemption from awards and industrial agreements in respect of the workers they employed, said Mr. Armstrong. Mr. J. Hargest (National, Awarua): Are domestic servants exempt? The Minister: I have mentioned the only ones we are bringing in. The Ht. Hon. G. W. Forbes (National, Hurunui): What about jockeys? The Minister: They are not employed by racing clubs, but by private individuals. Mr. Hamilton asked whether the pro-; visions of the Bill had been agreed to by both employers and employees. He suggested that the Bill should go before the Labour Bills; Committee in order to enable evidence, to be heard. The Minister said the Bill was urgent, and he desired it to be passed as soon as possible. He had discussed the proposals with officers of the Federation of Labour and with officers of the Employers' Association, and both organisations objected to some portions of the Bill. He proposed having the Bill referred to the Labour Bills Committee. Mr. H. G. Dickie (National, Patea) wanted to know whether chartered club employees would come under the Hotel and Restaurant Workers' Union. The Minister: I dare say that will be the case. They have the right to submit their case as well as other workers. THE BASIC WAGE. Mr.' S. G. Holland (National, Christchurch North) said that as the Minister had said the basic wage did not apply to anybody in New Zealand, would the opportunity be taken of wiping it out? The Minister said that as far as he knew the basic wage did not apply to any person at present, as it affected only those in industries governed by awards or industrial agreements, and he knew of no award that provided a wage as low as the basic wage. As awards might come below the basic wage at some time in the future he thought it well to leave the basic wage provision in the legislation. The Bill was read a second time pro forma and referred to the Labour Bills Committee. .