INDUSTRIAL COUNCILS.

Otago Witness, Issue 2860, 6 January 1909, Page 63

INDUSTRIAL COUNCILS.

! AN IMPORTANT LEGAL OPINION. An important legal opinion on the subject of the new Arbitration Act has been received by Mr William Scott, secretary of the Otago* Employers' Association, by way of rej>ly to a communication on the> same subject recently addressed by him to the Hon. J. A. Millar, Minister of Habour. The eominu-nication addressed by the Employers' Association to the' Minister pointed' out 'that in the new act no provision wStsi made for agreements arrived at by the two parties being made into an Arbitration. Court award, and consequently employers would be bound in their own interests to> take every case to the Arbitration Court. If this \were-done it would, of course, mean a complete ignoring of the Industrial Councils. "While employers were in sympathy with Industrial Councils, as established by the act, they were strongly opposed to industrial agreements, as industrial agreements if they Sid not bind subsequent parties, and could be challenged in every way. As ,a 'matter of fact, every time an. industrial agreement has been chalTcn^jjd' the challenge has proved successful. On the other hqnd. Arbitration Court awards cannot be challenged or called in question. The solicitor consulted in the matter —namely, Mr D. M. Findlay — is of the opinion that an industrial agreement can, be submitted pro forma to the Industrial' Council, which can refer it through tho clerk of awards to the Arbitration Court without hearing -evidence, and thus give» the Arbitration Court jurisdiction to deal with the matter. If this can be done, it will remody a very serious blot 'in the -act, as otherwise employers, -in their own interests, -would be compelled to ignore th« Industrial Councils. Mr Findlay, at the conclusion of a lengthy opinion, thus summarises his views: — 1. An industrial agreement may be constituted an -award of the- court by reference to the council, and thereafter 4>y reference to the> Court o£ Arbitration by the clerk of awards. 2. The parties to an industrial agreement may enter into a binding agreement to make the agreement an award of the court, and 1 to taks all necessary steps to that end. 3. The Court of Arbitration has not jurisdiction to constitute an agreement an. award without reference by the clerk of awards after notification by the council. 4. If the Court of Arbitration assumes original jurisdiction in the matter, its decision and the award made would not be impaagbab&fc