REVOLUTIONARY CHANGE

Otago Daily Times, Issue 26410, 14 March 1947, Page 7

REVOLUTIONARY CHANGE

INDUSTRIAL ARBITRATION TRANSFER OF POWER TO COMMISSIONERS Rec. 7 p.m. CANBERRA, Mar. 13. . The Attorney-general, Dr H. V. Evatt, has introduced a Bill into the House of Representatives which will revolutionise industrial arbitration in Australia. The Bill will transfer to conciliation commissioners from the Arbitration Court power to settle disputes. The awards of the conciliation commissioners will be binding instead of subject to appeal to the court, as at present. The court will have power to adjudicate on only four matters of general importance—standard hours, the basic’wage, annual leave, and female minimum rates. ; Formal Procedure to be Abandoned Dr Evatt said that 15 conciliation commissioners would probably be appointed. The conciliation commissioners would be given power without technical or artificial hindrances to get to the cause of industrial trouble by conciliating with the disputants. If conciliation failed the commissioner would attempt to settle the dispute by making an award or order. Formal procedure which might delay settlement of disputes in the critical first stages would be, abandoned. 'The commissioners would be able to intervene before the difference became irreconcilable. • Action would be taken directly a commissioner became aware of the existence of a dispute. The commissioners would be absolute masters of their own procedure. A commissioner or court could determine the time necessary for fair preparation of a case, could call for evidence in writing and decide when to call oral evidence. Commissioners who might be assigned to one industry or a particular group \yould be required to use practical knowledge and judgment. They would have security of office. Greater Powers for Inspectors The Bill also enlarges the definition of an “industrial matter,” strengthens the safeguards against abuse in the employment of young, infirm, or aged workers, gives official inspectors greater powers to police awards, and extends to 12 months the period during which arrears of wages are recoverable. Dr Evatt said that the Arbitration Court had not fully satisfied the hopes that were built on it, though it had important practical achievements to its credit. It had influenced Australian economic life to an extent far greater than the founders imagined ~ possible. Through the basic wage and standard hours awards it had provided a national minimum.

It had lessened the aggregate of industrial dislocation and encouraged and made mandatory the Australian system of collective bargaining through a registered organisation. The new Bill grappled with two big .defects in the. system by emphasising informality and expedition.

“It substitutes for legal technique and courts .of law the practical decision of experienced and independent laymen,” Dr Evatt said. “Speed is the first requisite of any successful effort towards industrial peace.” The commissioners ■ would hold office until the age of 65, subject to removal by both Houses on the ground of misbehaviour or incapacity. The court would sit as a bench of at least three judges. It would be the final court of appeal in all judicial proceedings under the Act, and its purely legal functions would be extended. The new Bill retained all the present, methods of securing acceptance and observance of awards, including deregistration of disobedient organisations, the holding of Secret ballots under court orders, and cancellation and suspension of awards.