THE ARBITRATION ACT.

Otago Daily Times, Issue 14528, 20 May 1909, Page 8

THE ARBITRATION ACT.

A (TIiIOUS LKCAL QUESTION. (Faun Our. Own Cohresi'oxdent.) WI'.I.LINIiTOX, May 18. Every dispute that has come iielore Mr )'. Hally since his appointment as a Conciliation Commissioner has been amicably settlcil. yet in reporting lo the Clerk of A wauls he has invariably signed his name under Ihe following words: "In accordance, with sectioii 2 of the act. 1 have to notify you that the Council of Conciliation appointed for the purpose has heard the dispute, and that no settlement has been arrived at.'' The explanation of this curious legal uiiestion is as follows: A Conciliation Council has no power to make an award, but only to record an agreement between the parlies, and .such agreement is binding only on the parlies who agree. An awatd of the Arbitration Court, on the other haml, binds all who are cited, and also anyone who may at a. subseauent time enter into the, business affected within the district covered by the award. The employers therefore always insist, on having an award, but the court cannot make an award unless tliero is a, dispute. Hence Ihe commissioner reports that the council has failrcl to effect a settlement. At the same time, however, he transmits a copy of the terms which have really been agreed upon. The court embodies these terms in an award, and the parlies are satisfied. It is understr.oc! that Ihe three f'oti'-ilia--1 ion Commissioners of Ihe dominion have been in consultation on the point, and have all adopted the course of action described above.