SETTLEMENT OF DISPUTES

Chronicle (Levin), 8 May 1947, Page 5

SETTLEMENT OF DISPUTES

Press Assn.-

Australia To Experiment With NewWay

By Telegraph

■Copyrighl

Received Wednesday, 9,45 p.m. ISYDNEY, May 7. . Australia 's new (Joneiliaiion and Ar oitration Bill is expected by the Gov ornment to revolutionise niethods oi settling industrial troubles, savs thi New Zealand Press Canberra correspon ,lent. When it becomes law it vvii. greatly reduce the functions of tht Dommonvvealth Arbitration Uourt "by placing the power of settling dispute, in the hands of Coneiliation Cominis sioners. About 15 commiss,oners wai oe iuitially appointed 'and assigned to speeific industries or industrial groups. £o simplify and speed up their woigi ^he arbitration system will be strippeu of legal forinalities. When introducing the Bill in thi House of Representatives, the Attorne.-, General, Dr. Evatt, said that the Bib was built on the foundations of pasi oxperience but sought to get away from lOgalism and technicalities which hau oeen so much eriticised. The Bib would assign to the court only function. requiring the use of judicial technique, oi' which demanded uuiform treatment These matters were standard hours, basie wage, annual leave and femalo minimum rates. The commissioiier^ would Vie given power to soek the causo of impending industrial tr'ouble and re move it by conciliating the disputants If coneiliation failed the' eommissionei would proceed to act in an abritra. capacity. Dr. Evatt stated that the existing provisions relating to deregistration oi =organisations, seerct ballots undei court orders, eaneellation and suspen sion of awards, and enforcement of sanctions inserted in avsards, would btretained. Bafeguards against the abus in employment of young, infirm or aged workers would -be strengthened. A bureau of researeh and statistics would be set up to collect information to as sist the court and commissioners. He eoneluded by saying that the snceess o! the new system would depend mostly7 on tlie men administering it. Arbitration men were required with a strong sense of soeial justice, high 'degree of personal disinterestedness and imparitality, without wliieh -the trust of both sides eould never lie achieved. The Government rejec.ted an Opposition proposal to insert heavy penalties for illegal strikes and lockouts. Tlie Bill has passed the House ot Representatives and is now being dealt with by the Senate. Mr, Robert Garran, former Conimonwealth Solicitor-General, emj.liasisep the angers of decisions of coneiliation commissioners without appeal and ot inconsistencies in the awards of commissioners. Under the Act of 1904 the court was formed with arbitral powers to make awards and judicial powers for their enforcement. By amendments iri 192(5 and 1928 provision was made for three coneiliation eoqimissioners exercising .arbitral power? , bpt .not the. judicial., powejvs^.o# - the court. The new measure makes fundamental changes in tliis system, savs Mr Garran. It proeides for the appointment of commissioners who have nc legal qualifications and whose function? will be quite distinet frorn those the court is in future to cxercise. He em phasises the relative snborelinanco oi the court and the faet that the legislation is designed to allow the. commissioners to bring practical . knowledge and experience to bear on existing oi threatened disputes. He is dubjou? that men w7ith the icpiireel experience gained in industrv will be impartial oi that they will gain the confidenee oi both parties. His opinion is that their lack of adequate outlook on public interests outside the ■ partieular industry will tend to increase the number of disputes and cause even more delays. He advocates an increase in the number of now overworked judges as the only eseapo from inconsistencies and greater discontent.