ARBITRATION ARREARS

Evening Star, Issue 22798, 5 November 1937, Page 3

ARBITRATION ARREARS

TEMF&RARY SECOND COURT MINISTER EXPLAINS AMENDING BILL [FIiOM Our Parliamentary Bex-orter.] WELLINGTON, November 4. In addition to making provision for the setting up temporarily of a second Court of Arbitration to overtake the arrears that have accumulated as the result of the new industrial legislation, other important and fax-reaching provisions are contained in the Industrial Conciliation and Arbitration Amendment (No. 2) Bill, introduced into the House of Representatives today by Governor-General’s Message, read a second time pro forma, and referred to the Labour Bills Committee.

The second court will be presided over by a Judge of the Supremo Court, and there will be two nominated members appointed by the Minister. The Bill empowers tho Governor-General to appoint a. Judge of the Supreme Court as an additional Arbitration Court Judge for a term of 12 months, subject to renewal from time to time. He shall hold both offices concurrently, but if necessary a temporary Judge may be appointed to take his place on the Supremo Court bench. The nominated members of the court will hold office for the same team as the Judge, and will receive such salary and allowances as may bo proscribed by regulation. The nominated members of tho 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 the members. Another clause stipulates that the menxbers of the txvo courts are not interchangeable, and equal powers are conferred on both courts. DELEGATION OF POWERS. The court is empowered to delegate its functions, except in so far as they concern the hearing of disputes and the making of awards, to a Stipendiary Magistrate or any Registrar or Deputy-Registrar of the Supremo Court, or Registrar of tho Court of Arbitration, or any Clerk of Axvards. These functions might include the adding or striking out of parties to existing axvards, applications for exemptions, and the hearing of appeals from a decision of the Apprenticeship Committee or District Registrar of Apprentices. Where such poxvers and functions have been delegated, provision is made for the right of appeal to the court' within 10 days. ) CITATION AMENDMENT. •_ Modification of the provisions for citing employers in a dispute is inserted in the Bill. Under the principal Act in an application to hax’e a dispute heard by a Conciliation Council the applicant must cite all employers in the industry or related industries in tho area conceited.' In order_ to simplify this procedure provision is made for the citation merely of 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. 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 the Australian legislation. The court is empowered by a sub-clause to direct further parties to he cited if it considers that failure to cite 'such other persons may be the cause of injustice to them. An 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 axvard 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 axvard is made. Under tlxe proposed l amendment any such union, association, or employer xvho has not been personally cited is given tho right, within one month, after being bound by an axvard, to apply to the court for total or partial exemption, but until this 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. Another clause enables unions to amalgamate, irrespective of 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 no longer enjoy exemption from awards and industrial agreements in respect to workers employed by them. The final clause 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 15 members), the Registrar may register the society if ho 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 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 nob 15 workers in the industry, and the society could not therefore satisfy the Registrar that it had a branch of not less than 15 members in each of the four industrial districts, as required by law. MAIN OBJECT TO AVOID DELAY. “ The main purpose of the (Bill is to enable the Arbitration Court to catch up with arrears of work,” said the Minister of Labour, Mr Armstrong, when giving an explanation of the measure. “ Cases being heard at the present time have been waiting twelve months or more, and the court is getting further behind. Something must be done immediately if the Arbitration system is to be saved.” The Minister said provision was made for the temporary appointment of a judge of the Supremo Court as an additional judge of the Court of Arbitration. The Loader of the Opposition: A now judge? The Minister said that was a question for the Minister of Justice to decide. Ho would have to consider jvhether 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 12 months, or possibly much sooner. Once the arrears were caught up with 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 the two courts. Co-ordination of the courts was necessary. , Chartered clubs, racing and trotting and hunt clubs would no longer be entitled to exemption from awards and industrial agreements in. respect to the workers they employed, said Mr Annstrong. Mr J. Hargest (National, Awarua): Are domestic servants exempt? The Minister: I have_ mentioned the onlv ones we are bringing in. Mr Forbes (National, Hurunui) : What about joekeys? The Minister: They are not'employed by the racing clubs, but by private individuals. Mr Hamilton asked whether the provisions 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 ho desired it to be_ passed as soon as possible. He had discussed the proposals with the officers of the Federation of Labour and with the officers of the Employers’ Association. Both organisations objected to some portions of the Bill. He proposed having it referred to the Labour Bills Committee. Mr Dickie (National, Patea) wanted to know whether chartered club employees would come under the Hotel and Restauraut Workers’ Union. The Minister: I daresay that will he the case. They have the right to submit their case a-s well as other workers. Mr Holland (National. Christchurch) 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 replied that, as far as ho knew, the basic wage did not apply to any -persons at present, as it affected only those in industries governed by awards or industrial agreements. 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*