FORTY-FOUR HOUR ACT.

Hawera Star, Volume XLV, 15 February 1926, Page 8

FORTY-FOUR HOUR ACT.

GOVERNMENT WAVERS

IS THE ACT CONSTITUTIONAL ?

SYDNEY, Jan. 30

There seems to be a" strong doubt in the mind of the Government as to whether its 44-Hour Act is constitutionally valid. This was indicated at a conference of unions held in camera yesterday. Whereas, at first, the Government was reported to have .retained a bar of three to vindicate its own Act, this bar seems now to have -dropped, and it has since been decided to advise unions “to seek the best procurable [counsel” to conduct the case for themselves. The Government, however, lias a creed to he represented by counsel at the hearing. To understand the incidence of tins change 'of front, it is necessary to review events connected with tire com- 1 jug into force of the Act on January | 4 '

From the outset many employers deified to test its validity, wherever it .tondieted with Federal awards providing for a 48-hour week. The unions then held a conference, and waited on Mr Baddeley, Minister for Labour. • asking him to proceed against any employers who refused to observe the new Act. His .reply was that the unions need do onlv one thing—find an individual employee to proceed by summons against an individual employer. If an adverse decision was given, he stated, the Government would then brief counsel to back up its Act in the High Court. He asked the delegation to appoint two of its number to confer with Dr. Kvatt. M.L.A., regarding the constitutional position. The delegates withdrew, and on the same afternoon appointed the required I two for that duty. . Meanwhile it was well known that Caucus had discussed for a week previously the possibility of th e Act being | challenged, and even had gone so for j as to retain a certain bar of three to j appear for the Government and the unions. j

Since the first delegation to the Minster. a change appears to have como n the scene.

What the two delegates mentioned had to impart to yesterday’s adjourned conference of 'the unions was by no means encouraging to them. It transpired there that Mr Baddeley and Cabinet’s 'ega] adviser in the matter, Dr. Evntt, M.L.A., had become doubtful as to the Government’s chance of successfully testing the Act. It was stated to the conference that Dr Evntt now suggested that the best legal advice should he sought by the unions.

Tlie information was conveyed .also, that he had suggested Mr A. B. Fiddin gtou. K.C.. as the union’s chief counsel, and that Cabinet had agreed that lie (Dr. Evntt) should appear as Air Piddington’s junior counse' l “to watch the Government’s interests.” These intimations were received with dismay by the conference yesterday, and many of the delegates' interpret them to mean that the validity of the Act is beginning to be muah questioned bv those who made it law. Tt is< understood that the Amalgamated Engineering Union is taking the initial move at first suggested by Mr Baddeley. and that a preliminary suit is now pending. Also, it is stated that Mr A. Watt, K.C. . will b e the lending counsel briefed by the employers. Tlie whole of th<- facts are spoken of by those who nrofess to know the inner story of deliberations to date, as most disconcerting from a union noint of view.