A SECOND COURT

New Zealand Herald, Volume LXXIV, Issue 22878, 5 November 1937, Page 12

A SECOND COURT

EXPEDITING WORK

BILL BEFORE PARLIAMENT TEMPORARY APPOINTMENTS OTHER AMENDMENTS TO LAW [BY TELEGRAPH —SPECIAL REPORTER] WELLINGTON, Thursday Provision for the appointment of an additional Court of Arbitration on a temporary basis, in order to relieve tho pressure of work on tho present Court, is the main feature of the Industrial Conciliation and Arbitration Amendment Bill (No. 2), which was introduced 'in the House of Representatives to-day by Governor-General's Message. ,

. Another proposal of importance in thb bill will empower either Court to dclega'to to stipendiary magistrates and other legal oiticials certain of its less important functions. The measure also contains several miscellaneous amendments to the existing legislation. The -bill authorises the appointment of a Judge of the Supreme Court to be an additional Judge of the Arbitration Court for a period not exceeding 12 months. However, during this period the second Judge of the Arbitration Court may continue to act as a Judge of the Supreme Court. There is provision, too, for the appointment of a temporary Judge of the Supreme Court if this course becomes necessarv.

Additional Nominated Members

In order to constitute the temporary Court, provision is made for the appointment of additional nominated members, to sit with the Judge, and for additional acting-nominated members, who may be called on to act in a, relievir g capacity. As in the case of tho second Judge, these nominated members will also be appointed on a temporary basis, holding office for 12 months.

The nominated members of the existing Court are appointed on the recommendation of interested organisations, but owing to the temporary nature of the new Couft, the members will bo nominated by the Minister of Labour. "• The two Courts are to be entirely separate, and their members will not be interchangeable. 'Delegation of Powers

Power is given for either Court to

delegate certain powers to a stipen-

diary magistrate, registrar or deputj--jregistrar of the Supreme Court, the registrar of the Court of Arbitration, or any clerk of awards. However, tho .hearing of • disputes or making of awards must he dealt with solely by the Courts. When a decision is made by an official to whom the Court had delegated any of its powers, the decision pan be tho subject of an appeal to the Court of Arbitration within ten da vs.

Among the miscellaneous clauses there is one modifying the provisions for the citation of employers as parties to proceedings before a conciliation council or the Arbitration Court. Under the principal Act the applicant must cite all employers in the industry or related industries and in the area concerned. In order to simplify the procedure provision is now being made for the citation merely of the industrial •unions and industrial associations of employers.

If there are no such unions or associations a number of representative employers must he cited to the satisfaction of the conciliation commissioner and the other 'employers concerned will be brought in automatically as parties to the proceedings without any citation. The Court may direct that further parties must be cited if it thinks their absence may cause injustice. The Scope of Awards

As the law stands at present an award applies only to the parties named in it and to parties who may become connected with or engaged in the industry after the award is made. However, in future awards will apply to trades unions, industrial unions, industrial associations or employers connected with or engaged in the industry .. when the award cornea into force or at

; ; any time thereafter. Any interested ~ party not personally cited may apply , r to the Court within a month of the

-issue of the award for total or partial "exemption from its provisions, but the award will be binding until the applica-

tion has been heard

, Another clause authorises the amalgamation of unions irrespective of whether or not they are in tho same industrial district.

Racing and Trotting Club Workers

The existing legislation provides that an award or industrial agreement is applicable only to workers employed for the direct or indirect pecuniary gain of the employer, although local bodies and .other similar organisations are deemed to be'covered by awards. An amendment in the bill . excludes chartered clubs and racing, trotting and hunt clubs from the organisations to which award provisions do not apply. In consequence workers employed by these clubs will be covered by any awards bearing on their employment. A final clause modifies the provisions for the registration of industrial unions of workers for two or more industrial districts.