ARBITRATION ACT

Otago Daily Times, Issue 18455, 17 January 1922, Page 6

ARBITRATION ACT

A NEW BILL. » IMPORTANT AMENDMENTS. (From Otjb Own Cohrespondent.) WELLINGTON, January 16. New and important provisions in regard to industrial conciliation and arbitration are made in a Bill which was introduced in the House of Representatives to-day. STATUS OF JUDGE. Section 35 of the principal , Act is amended by repealing subsection 3, which relates to the appointment of a judge of tho Arbitration Court acting temporarily on the Supreme Court bench/when such assistance is deemed necessary. POWER OF VOTING. Section 66 of the principal Act as amended by section 55 of the Amendment Act of 19C8 is further amended to provide ‘‘that in no case shall a union have more than three votes.” This relates to the appointment of members of the court. AMENDMENTS WITH CONSENT. The new Bill provides for the amendment of awards with the consent of the parlies. RAILWAY SERVANT'S. The Amalgamated Society of Railway Servants is not to have the power to vote for the appointment of members of the court. LOCAL BODIES. Local authorities and public bodies are exempted* from the provisions of the Act. ASSESSOKS. Every person recommended as an assessoi must be actually and bona fide engaged; or employed either as an employer or as a worker’ in the industrial district and in the industry or in any of the industries in respect of which the dispute has arisen, provided that in the case of a dispute affecting women or girls the commissioner may an point as one of the assessors some person not qualified as aforesaid, but being a person resident) in the industrial district wno possesses a knowledge of the industry or industries in respect of which the- dispute has arisen. CASUAL VACANCIES IN THE COURT. In clause 9 of the new Bill provision is made in respect of a casual vacancy in the membership of the Court. When a casual vacancy of a nominated member occurs the' Governor-General, instead of requesting the unions to make a recommendation in accordance .with section 66 of the principal Act, may appoint as nominated member the acting nominated member appointed on the recommendations of the industrial unions of employers or workers. In such case the appointment is to be only for the residue of the term of his predecessor. Following i up this proposed amendment is a further necessary provision that in 1 lie event of the appointment of the acting nominated member as the nominated member a casual vacancy shall be deemed to exist in the office of acting nominated member, and this may be filled in the Same way as an original”appointment, .or the vacancy may be allowed to continue until the expiry if the term of office of such acting nominated member. COST OF LIVING. A lengthy clause (Clause 10) provides for an amendment of awards and industrial agreements having regard to the cost of living. It is provided that section 18 of .the War Legislation and the Statute Law Act of 1918 us amended by section 8 of the Arbitration Act of 1920 shall continue in force until April 30 next, and shall then expire. The Court shall deemed to have had jurisdiction since the passing of /the War Legislation Act of 1918 in order that any amendment of an award or industrial agreement made under section 18 or 19 of ! that Act should have effect as from the date specified in the amending brder. -In regard to the cost of living as bearing on awards the new provisions are to apply after May 1 next. As soon as convenient after this date and as soon as convenient after November 1 the Court may proceed to ascertain the rate of increase “or decrease in the cost of living as on March 30 and September 30 respectively as compared with' ' that for the six , months ended September 30, 1920, and may, by general order, increase or reduce the remuneration' payable' under any award or agreement in such a manner a-s it considers./just and equitable. In making such' order tho Court is to have regard to the economic and financial conditions affpeting trade and industry in New Zealand, and all other,- relevant considerations and may make such increase or reduction as, it thihkq just and equitable having regard to a fair standard of living. Such awards are Ip continue in force for six rnenths or until varied hv a subsequent order. It is further provided that the Court may. tßiser on its own motion or an application, make provision in regard to any class or section of workers to bo excluded from such general order, provided that the Court shall not reduce the remuneration or such workers to a lower wage than will enable such workers to maintain a fair standard of living. No such applications, _ however, shall be made unless approved By members of the union ori of each of the unions comprised in an industrial association. ' 'OFFENCES AGAINST THE LAW. The last clause of the Bill deals with offences in connection with awards and industrial agreements. This provides that every person who dissuades or attempts to dissuade any two or more workers from accepting work under an award or an agreement with intent to 'defeat any of the provisions of such award or agreement, or with intent to prevent or hinder the carrying on of work under the provisions thereof, or in further anco of*a dispute between employers and worker's is liable on summary conviction to a - lino of £lO in the case of a worker bound by such award or agreement. or of £SO in the case of any person otiier than a worker bound by such award or agreement It is also provided that every person who dissuades or attempts to dissuade any employer from employing any two or more workers under an award of agreement with intent to defeat any. of its provisions, or with the intent to hinder the carrying on\ of work under its provisions, or in furtherance of a dispute between employers and workers is liable to a fine of £SO in the (sasa of an employer under' tho award or agreement, and of £IOO in the case of a person other than an employer under the award.