AUSTRALIAN MINERS' CRISIS

Maoriland Worker, Volume 12, Issue 293, 11 October 1922, Page 13

AUSTRALIAN MINERS' CRISIS

Argument Before Coal Tribunal

What appears to be the beginning of a general strike of miners in Australia was cabled in the early part of last week, 4,000 men in the Southern District (N.S.W.) being idle, and each eide claiming that the other precipitated the stoppage. This was preceded, if the cables are believable, by a go-slow. .The New Zealand miners will be able to gather their Australian comrades' point of view from the following argument, reported in "Common Cause, , ' 1/9/22, before the Australian Coal Tribunal:— The sittings of the Tribunal were resumed on Thursday, August 24, at (he -Commonwealth Bank Buildings. Charles Hibble (the chairman) presided. J. M. • Baddeley, A. C. Willis, and R. Pillans represented the miners, and C. M. McDonald, T. R. Morgan and J. S. Bragg the owners. The Chairman explained that while he had previously decided to take South Coast deficiency claims first, he had been prevented from doing so by an order of the High Court. That Court had been moved by an injunction asked for by the Southern coal proprietors, restraining the Tribunal from dealing with those claims on the grounds that there was no inter-State dispute to bring the claim within the jurisdiction of the Tribunal. Until the High Court had given a final ruling on the matter, he could not deal with it, and therefore called on the next order of business, which was the coal proprietors' claim for a 33 l/3rd reduction of miners' wages. C. M. McDonald (for the proprietors) then announced that he was ready to proceed. MINERS' VIEW POINT. J. M. Baddeley: Mr. Chairman, J want to make my position clear. The members of ray organisation would feel very keenly if I, as their representative, took part in the deliberations of: this Tribunal on a question of reduction of wages when other matters should first be attended to. I would regret very much to have to hinder the work of the' tribunal had it not been for the action of the proprietors, particularly those of the Southern District in their application to the High Court. For a reduction in wages to be proceeded with when other matters have been listed here for over 12 months or more, is not wise for this Tribunal. In 1919 Mr. Willis and myself visited Melbourne and saw W. Watt, then Acting-Prime Minister. Messrs. McDonald, Morgan, and Bragg were also present, and they know well that the deficiency question down the coast, the Stanford-Merthyr. matter, and other matters, were referred to at that time, and the transcript of the notes clearly show that it was in the minds of everyone who attended that conference that the questions in dispute were to be referred to a Tribunal, and Mr. Watt himself stated that he would deal with the main issues, and that the Stan-ford-Merthyr matters and the deficiency matters could come before a Tribunal. Ail the matters referred to Mr. Watt have been dealt with, with the exception of this one of deficiency in the Southern District. I say then,. Mr. Chairman, so far as I am personally concerned, I am not going to eit here; it is more than I dare to, and permit this question to be referred here and evidence submitted, without consulting the members of my organisation. I resent very much being bludgeoned into a matter of this kind by our friends opposite when they come here and ask for a reduction in wages. It has taken from 1919 to 1922 to get anything in connection with this deficiency question. We have spent twelve months on tlio South Coast claims, and as far as we are concerned we cannot go on with this Tribunal. I regret the position; I will have to withdraw . and report the whole of the circumstances to the members of the organisation. I feel in the circumstances, if you venture to go on and judgment is delivered to bring about a reduction in wages so tar as this industry is concerned, it Will cause' unrest and nothing short of—l have thought the matter out — well, the men will not accept a reduction in wages, and, further, if their rights, are interfered with I believe there is gOing~to be a break so far as this industry is . concerned. . I trust, j kr. Chairman, you will review it and j alter your position! -I ask that the Whole matter be adjourned until we have had- time to consult, our principals, when we will give you a definite j finswe'r. A. C. WILLIS SPEAKS, ] \ ■ A. C. Willis: Mi". Baddeley has made' bis position clear, and 1 want to ttake inffie cieaf, and so far i& that goes the position of the organisation

of which I am a representative. To sum the thing up in a nutshell, unless the Southern matters are dealt with and disposed of by this Tribunal, we are not prepared to be parties to the farce of considering the application by the owners for a reduction in wages. The- Chairman: Clearly the al cannot proceed now with these claims in view of having a rule served upon it by the- High Court,. WiHis: Perhaps I might not have made that clear. lam not at all casting any reflection upon the Tribunal or upon your ruling in the matter. McDonald: There is no ruling at all—you went to the High Court, and they told you the claims were properly before the Tribunal. SHIRKING- CLAMANT ISSUES. Willis: I want to give you my opinion and not the opinion of the High Court. The position is this: the deficiency question has been before the Tribunal or conferences ever since 1914. I do not want to labour that case. You, yourselves, know the history of it, and it arose out of the award of 1914. The records will show -that we have had conferences and references to tribunals have been made. On each occasion when we have dealt with the general claims : eince then, the deficiency question down the South Coast has been one of the prominent features. You have copies of the shorthand notes showing that; on each occasion when the general question of wages has been dealt with the suggestion has come forward, that after all the deficiency question is a matter that can .be settled in the Southern District, and we were asked to come back and have a conference. Most of these mattera wore settled by conferences, but this ■deficiency question has been shelved i time and again. Now we come to the time, about twelve mouths ago, when we decided to press the matter again. .It is true that Mr. Morgan made some formal objection to the tribunal dealing with it at that time. The question is, whether we will" proceed with certain other claims lodged by you. We re-fuse to proceed with them, and I am giving the reasons why we refuse to proceed with them. You . took twelve months before you did anything. . An award was just about tG be issued, and then you suddenly discovered you had certain legal rights j that you wished to take advantage of. I would like to point out, taking tho industry as it stands, we know it is j a)i industry that never runs along as smoothly as measuring calico; the nature of the industry would not allow that nor the method of control by the owners. The fact remains that we had reached a stage when we had every reason to believe that an award j would have been issued long ago, and that the owners' claims would have been half-way through by this. But the Southern coal-owners have taken this action —I would be very*-much surprised to learn that it reflects the voice of all the Southern coal-owners.

I know some of them., having dealt with them for many years, and it would come as a great surprise to mc from the statements they have made in conference and all other places, to learn that they have ail agreed to the action taken now. To-day all over the world where there have been serious industrial upheavals in the coal industry,, they are settling down and adopting machinery of a similar character to this particular Tribunal. They are doing this after months and months of fighting and starvation. EMPLOYERS' WRECKING TACTICS. Here we have a Tribunal prepared to deal with all things, to which we have agreed in spite of opposition. We have been prepared to bring all disputes to it, but what do we find today? At the crucial time a sectionof the employers is taking action likely to wreck the- whole of the Tribunal. I would not like to go to _the extreme oC saying they are anxious to pass through what other countries have passed through before they decided to deal with these things in the way agreed upon. . If that is the policy they are pursuing there can only be one result: I commend this to the Southern owners even at this late stage, even at the eleventh hour. I do not think they could have realised the inconsistency of their. action. MINERS SOUGHT PEACE. Somewhere about twelve months ago the question of the working of three shifts at the Mount Pleasant Colliery came before the Tribunal. Everyone knows how obnoxious the three shifts are to the miners, except for very- good reasons. .The- nten there fefused to work the three shifts; the district refused to allow them to •work it, and the matter was referred to .this Tribunal; and you, sir, made an order , that in the circumstances they -were to work the three shifts. You made that order, and in spite oi the fact that the lodge was opposed to it, we used the forces of out organisation to mak© the?-? iaefi obey

. . v " • . ■ . ■■■.«■' the order of this Tribunal, with the* result that they - have worked the three shifts ever since. While we 'were taking that, action there was nothing dealt with ,down the South Coast, everything , being- held up. We used our organisation. We had our legal rights as ' Morgan had. Incidentally, I might" mention that if Morgan is successful in his application, out go the Mount Pleasant and North Bulli awards. While you are getting something from the Tribunal you are prepared to sit quiet and take part in the negotiations, and you then tell us we cannot discipline our men because they will not accept it. I ask you now to discipline your people and ask them to honourably accept the decision of this Tribunal. I will make this offer now, if you give us the same conditions that they have in Victoria and Tasmania we will take them, and close the matter now. We are asking notliing but what is paid in other parts of Australia. We will accept that now. We take that as the basis for this case. Right up to the eleventh hear, when there was nothing to be got out of the Tribunal in connection with the price of coal McDonald: Pardon mc, that has nothing to.do with it at all, and so.far as the price of coal is concerned it was dealt with by a Royal Commission consequent on the increases in wages to the men. The price of coal has nothing to do with you at all. You said that in 191G; Baddeley, Willis, Lewis, Br.ennan and all the other headlights, of the Federation said they had nothing to do with it. I raise the point that no increase has been granted in the price of coal but that, ordered by a competent authority • following upon increases in wages; any increase has been resultant on the inquiry by some body who has no concern in the matter apart from, finding out what it costs. MORE THAN BOSSES WERE . ENTITLED TO. "Willis: Leave it at that, except to say that we believe tlae Southern people got far in excess of what they were entitled to. As already indicated, so far as we are concerned, I do not think you could expect us as representatives of a large body of men, to sit .down quietly considering the question of a reduction in wages, and we are not prepared to do it. h

Our members understood that these other claims were to be dealt with first; it was- on this understanding that we came here. If they are not to be dealt, with, we cannot go on. What would the other side do if something - came on like this affecting them? A meeting of the proprietors would be held down there to-morrow to get instructions. Morgan was not slow to do that. In the circumstances we also want further instructions. We want to place the position before our members just where it is. In connection with the South Coast, I will not waste time in the matter, but vyill call aggregate meetings, if necessary, to deal .with the position. I will deal as promptly as I can and get further instructions.

I do not want this Tribunal to. believe that I am going to try and induce them, to change their minds. I will advise them not to go on with the proprietors' claims until those other matters have been dealt with. If they like to say, "Go on" —well, I am their servant just the same as the other side. But it will *iot be with my advice. PILI/AR QUESTION: Take the pillar question: I am informed that the Scarborough pit is idle to-day on account of that pillar question. Rees informs mc that the colliery is idle. I have been off for a week or ten days sick, and I do not know what has taken place there. I think the miners' claims on this question are absolutely just. I know just what the position is. I kriow the history of the case" from A to Z. It is not a matter of waiting to see what the men want. I know very well exactly en what lines the case Is to be brought out. We are not. going to lose our heads over this matter. But if there is no other way, we are not going to "nave the Federation wrecked for the sake of the South Coast. If we can find a way for dealing with the rest, we will deal with the South Coast in our own way. The public will know the Southern proprietors have taken this action. This is because of the attitude of the employers, who have always prated about conciliation. The whole thing clearly shows that some of the Southern proprietors are not.imbued with that spirit of conciliation talked about, when they run away and get aai injunction to prevent the ■ machinery of the Tribunal from operating. The responsibility will be ■with you so fay as that is concerned. There is the cost of living records to check the increases we have Had. The public know what we have had, aßd-that we-have never kept up with the cost-of living. X certainly do feel very sore-oxi this point, ai I remarked the last time we were discussing this mattes , . \ :

Most of tue members- sitting round this table must know what,has'happened in. Great Britain, South Africa, 'and other places; they know that tlie upheaval has taken place first, and out of the chaos and misery they have had to get some system like we have here. I say that even after three month 3' fight you will come back to the same thing - again. Morgan: You took advantage of the nation during- the war and extracted blood-money from the people. BOSSES ROB NATION. Willis: Assuming you are correct, for every penny we took you took a shilling. I say it is a sad reflection on our intelligence if we : cannot take the advantage of the machinery available, without taking a technical point, using the machinery when it suits yo«. We should use the machinery available, and with commonsense get over the difficulty. 'The- point is different in Australia to Great Britain or elsewhere., it is only a technical point; the only difference is that Australia is composed el so matfy States belonging - to the Commonwealth. That is merely a technical point. But they say this country is composed o-f States, and the lav/ states that the dispute must be of an interstate character. There is no question of commonsense or reasonableness .in the matter. Morgan: You took the point. Willia: I took the point, but it was done immediately. We did not wait for twelve months; we did not wait till the matter was heard, and filed counter-claims.. You not only sat and took part, but you Avasted twelve i months in discussing it—we did- our business straight away. You allowed the claim to be finished, and then raised the point. You led people to believe there was an honourable understanding, and you were going to stick to it, that you were not going to rush away to the court after twelve months. We have nothing to be afraid of. Our men have "been led to believe that they would have been completed. If they are not completed we say we cannot represent the men who- sent us here. I do not know of anything in the* law that compels us to sit if we do not. think matters to be right.. Unless we are instructed hy our members to proceed with the employers' claims, we are not prepared to sit and consider them until the South Coast matters have been finalised and disposed of. That is our position. MUST TAKE MEN'S OPINIONS. Pillans: I am much in the same position as my colleagues. I want further instructions, and unless I get those instructions, I cannot attend here. I regret having to take this stand, but I can see no other way out of it. The Southern people have evidently come to the conclusion that this Tribunal shall not have the right to deal with any particular matter unless it suits them. But they make no suggestion as to how it can be got over by anything else. If they want fight, let us have a fight; they are like the fellow from Donnybrook, trailing his coat looking for trouble. Every individual has an equal right before the law to have his case heard. Surely we have arrived at a time when we can agree to the methods for settling a dispute. If this particular Tribunal does not suit, the South Coast people, what does suit' them ? Is there any other way of fixing it and leaving the Tribunal out of it altogether? I would like to know whethere there is any reasonable suggestion from the South Coast proprietors as to how to get over the difficulty. I do not think we as members of this Tribunal would have any objection to getting , to work, apart from this Tribunal altogether, and fixing up these matters —probably it could be done in a couple of days' time. Have' they any suggestion to make like that? Do not hang up the whole business. We cannot subscribe to that. There must be some method of dealing with this dispute. There always willi be differences of opinion. But for the South Coast people to say -they will withdraw their cases from the Tribunal, I do not think it is a fair thing.The Chairman: They have not said that. TURNING DOWN THE MINERS. Pillans: There is nothing to prevent them coming, to an arrangement to allcfw the Tribunal to decide the matter for them. They could get you, sir, in your capacity as chairman of the Tribunal, to. have a compulsory conference, and have the matter fixed up without going near the Tribunal. There is nothing to prevent that. We have men working three and four shifts a week. And yet you are going to cut out what little help they might, have received ir-oni- these claims,, and not only that you" are seeking to; reduce the pittancertiw are now. receiving. Wfc. cannot 1 -go Dbaek witli that yai'B, t will take niy instructionsfrom the men whpaj 1 %

will endeavour to carry out those Instructions. ' •'-■;■ .J. M. McDonald then stated the employers' case, which, boiled down, was .that, t-he chairman was correct iv his.stand; and that the general claim should be considered. Morgan, taking up the case, wept # few tears for the good old publfc, whereat Baddeley remarked: "I like ■your feeling for the general public; that is why you charge such hlgB" prices for your coal." FALSE CHARGE. Later, Morgan said that the uniofflt had "never yet observed any award or agreement governing the industry, for the full term of such award or agreement," to which Willis retorted: "I do not want to contradict Morgan, but I just want to lay this down/; that since this Tribunal has been in existence, no matter what might hay* been thought of its work, never yeb has any award; order, or direction not been obeyed." After further remarks by Morgan , and Bragg, Chairman Hibble said: t have laid down the order of procedure which I think the business should take before this Tribunal. It is mjj intention now to call the represent tatives on the Tribunal from Victoria' and Queensland, who are not present here to-day, to be in attendance, ig. order that there may be a full sitting of the Tribunal. It is my intention* then, as I.said before, to proceed witfo the first portion of tho proprietors' claims. If, in the meantime, thq Federation representatives—i.e., th 4 employees' representatives—on t)x6 Tribunal desire, as they say, to consul! with their principals, of course they, may do so: But I am not granting any , adjournment specially for" that purpose. Certain finality must be reached one way or the other very shortly.