SHAREMILKERS' SHARE

Chronicle (Levin), 23 May 1946, Page 7

SHAREMILKERS' SHARE

COTJRT'S BECOMMENDATIONS Section 75 of the Statutes Amendment Act, 1945, provides tliat if eyiployers and sharemilkers are unable to reach agreement on any matter referred to in Seetions 4 and 5 of the Sharemilking Agreements Act, 1937, the matter iu dispute may be referred to "the Court o.t Arbitration, which may make a recommendation in respect of those matters to the Minister of Labour. The Court reeently heard disputes under the Act, and has made the following recommendations to the Minister: — 1. Sharemilkers whose duties eoinprise only- milking and eare, feeding of stock, including pigs, shall receive not less than 29 per cent. of milk and cream eheques and deferred payments. The sharemilker shall not contribute towards the payments of any shares nor receive any benefit from the share bonus unless nvutually agreed upon. 2. In regard to claims for compulsorv unionism, the Court has no considcration to make. Among the eonsiderations a shaTemilker was adjudged not to be a worker within- the meaning of the I.C. and A. Act, and the Court also adjudged that the rules of the New Zealaud Workers' Union do not cover persons who are not workers under this Act. The sharemilkers, as such, are therefore not eligible for membersliip. It appeav ed to the Court that if tlie claims of the sharemilkers were iusertcd in the agreements the clauses would be unenforcoable, and their validity could probably be challenged with sucpess. 3. A further recommendation provided that sharemilkers wliose duties comprised milking and care, feeding of stock, including pigs, and maintenance work shall receive not less than 39 per cent. of milk and cream eheques and deferred payments, after deductions ofcartnge of cream and milk. The sharelnilker sliall not -contribute towards the paynient of any slutres nor receive any bcuelit from the share bonus unless mutually agreed upon. 4. A recommendation provides that, with regard to the 39 per cent. agreement, the farm owner shall provide motor-lorry or horse conveyauce for the purpose of cartiug milk to the factorv, and for otlier farm purposes. The sharemilker will pay one-third of tlic cost of benzine, oil, and running costs; also one-third of the registration and Jicenee fee, and aiso deprcciation at the rate of 5 pcr cent. per annum. Tlic farm owner shall provide all ua plements, plaut, and cquipinent for tlru eliicicnt world ug of the farm. Any ex penae incurred by Ihe' farm owner

through daniage to his plant or equip ment caused by tlic neglect of the shareniilker shall, at the tormination of the contract, bo Ihe responsijnlity of the sharemilker, aiul be met by him, provided always that the farm owner shall j provide suitable cover or slied for all I such plant and equipment. r In tlic case of a dispute a competent person shall be appointcd aeeeptable th botli parties to examine tlie equipment, and to decide the responsibility for paynient. The Court rccoinmcuded that the class of sharemilking agrceinentH under which the sharemilker provides thc dairy hcrd should be brouglit within the scopo of the Sharemilking Agreements Act. 5. The Court also reco'mmended that any Order in Council made incorporating tlie ternis and conditions which have beou agreed upoii by thc parties, togetlier with such otlicr ternis and conditions as may be decided upon as a result of the recommendations of tlie Court, sbould operate froip July 1, 194b. Mr. Justice Tyndall said that the Court had made its recommendations witliout any regard to the Feonomic Stabilisation Regulations.' In a dissenting opinioii, klr. A. L. Montcitli, workers' representalive on tlie Court, said that, in his opinion, the sharemilkers' share should be 30 and 40 per eent. respectively.