ARBITRATION COURT.

Wanganui Chronicle, Volume LXXVI, Issue 18438, 23 March 1922, Page 5

ARBITRATION COURT.

IMPORTANT STATEMENTS. Tlie Arbitration Court yesterday made Important replies to questions raised by the Trades and Labour Council in reference to the procedure to be adopted by the Court when reviewing pronouncements next month. (Per Press Association.) WELLINGTON, March 22. To-day the Arbitration Court answered a number of questions put to it yesterday by Mr. E. Kennedy, president of the Wellington Trades and Labour Council in reference to the provisions of the Arbitration Court Amendment Act passed last session.

REVIEW OF PRONOUNCEMENTS.

Mr Kennedy stated: “It is proposed in Section 9 that tbe Court may amend the provisions of awards and agreements, and subsection 2 of ibis clause provides that Court shall have regard to any increase or decrease in the cost of living as ascertained etc., and a proviso in this direction provides that, parties may have an opportunity to be etc.” He asked “Does this mean all parties to awards etc., have a right to be heard or to make representations to the Court, or is it intended by the Court to hear one general case to cover the lot.”

'' The Court replied: The parties have a right to be heard through their representatives. The Court will hear one general case in Wellington to cover all awards and industrial agreements throughout the Dominion. It is though that three or four representatives for each side will be sufficient. Procedure in this matter has been left to the discretion of the Court, and the Court proposes to follow the practice that has obtained in the past in connection with applications to review its pronouncements under the War Legislation and Statute Law Amendment Act 1918. The Court will endeavour to make an announcement in regard: to the movement in the cost of living about the end of the present month, and on 26th April will hear evidence and argument respecting economic and financial conditions affecting trade and industry in the Dominion and all other relevant considerations. EXEMPTIONS FROM GENERAL ORDER. The second point raised by Mr Kennedy was Sub-section 4 of Clause 9 which states chat certain classes of workers may be exempted from the general order. Then subsection 5 provides how an application for exemption is to be made. Can all or any union make application to be excluded from the general order before such order has been issued, or, in order words, would any union be in order in immediately proceeding and filing an application for exclusion from such general order in anticipation of such order being made The reply was: Subsection 4is primarily intended for the benefit of any class or section of workers whose

position in regard to cost of living increases now being paid is exceptional. For example, in some awards and agreements, provision has been made that no increase or reduction in wages should be made during their currency, or that any increase or reduction should be calculated in a particular manner or on a special basis. There are also a few cases in which a bonus has become due since the award or agreement came into force, but has not been formally applied for or granted, or has been granted at a reduced rate. In one case, owing to the strained financial condition of the industry in November 1921 a bonus was withheld from all but minimum rate men. The Court will, without any application being made, exclude such cases as it knows to be within the exception provided for by the subsection. Any union whose case has been overlooked may apply for exclusion after the general order is made. It cannot make application before the general order has been made, for until the amount of any general reduction is definitely ascertained, and until it is known what classes or sections of workers have been excluded by the general order, it will be Impossible to say whether or to what extent any application should be entertained. There is, however, no objection to secretaries of unions whose cases are clearly withip the exception forwarding to the Registrar of the Court, before the general order is made, reference to the clauses in their awards or industrial agreements on which they rely, but the Court will deal only with clear cases in the general order. In cases where prompt application is made by unions after the issue of the general order, exclusion will be made to operate as from the date of the coming into operation of the general order. In the case of applications by employers for the exclusion of any class or section of workers from the operation of the general order on the ground that a greater reduction should be made, it will be necessary to prove the existence of exceptional economic conditions affecting the particular trade or industry concerned, and the Court will have to be satisfied that such reduction, if made, will not reduce the rate of remuneration to a lower wage than will enable workers to maintain a fair standard of living. FAIR STANDARD OF LIVING. The third point was important. Mr. Kennedy said: Subsection. 4, clause 9, also contains a proviso as follows: “provided that the Court shall not reduce the rate of remuneration of any such workers to a lower wage than will in the opinion of the

Court enable such workers to maintain a fair standard of living.” How is it to be ascertained? Is the Court going to give an opportunity to us M discuss this important matter, and will the Court, before considering issuing any geneval order, lay down what is the amount necessary to provide a fair standard of living. In the legislation now about to expire, said the Court, the term used, is “a fair living wage.” The Court has always aimed at something moro than a mere living wage, and has endeavoured in its awards to maintain a fair standard of living. The conception of what constitutes a fair standard of living may vary from time to time, but it is thought the altered wording of the new Act is intended to enable the Court to maintain us far as jiossible its relative standards. The proviso which repeats similar words contained in subsection 2,is, in our opinoiu. designed primarily to prevent granting an application by an employer or, a union of employers, based on Hit’ unfavourable economic and financial condition of trade or industry, , to have the rates of remuneration reduced to an extent greater than that indicated by the movement in the cost of living if the effect of granting the application would be to prejudice the maintenance of a fair standard of living, although the ratea asked for might represent a living wage. The Court does not propose to make any detailed statement on the subject prior to the hearing, or to lay down any general principles, but will, at the hearing on 26th April be glad to note what representatives the parties may desire to place before it on the subject of a fair standard of living. Mr. Kennedy’s final point was: "Many unions have disputes filed and pending hearing by this Court. What is their position in regard to the general order? Will they have to file an application for exclusion from the general order as well, or will the fact of having a dispute filed and a case pending to be sufficient to exclude them from the general order, or will they have to fight a case for exclusion from the order as well as a case for a new award?” The Court’s answer was: “The general order will apply to existing awards and industrial agreements unless the Court makes a special order to the contrary. The Court will, without formal application being filed, make such provision in any new award made after the coming into operation of the general order as it considers proper for the period intervening between the date of the coming into operation of the general order and the date of the coming into force of the new award if it considers that the general order should not apply in the interim. The rates fixed by any awards made after the coming into operation of the general order will, of course, not be affected by that order. The president stated that the datf (26th April) for hearing a genera! case should be regarded as approximate only. It was more than likely, however, that argument would be heard then. He left it to the Wellington Trades and Labour Council to arrange for labour’s representation on hearing.