AUSTRALIAN ARBITRATION COURT

Dominion, Volume 14, Issue 37, 8 November 1920, Page 3

AUSTRALIAN ARBITRATION COURT

Though Mr. Justice Egging announced his resignation as president of the Commonwealth Arbitration Court a few days ago, tho "Argus" says there is no cause tor fear that the step will lead to the breaking up of the Court.. Mr. Justlce Powers, who has occupied the position of deputy president for 6even years, ia at present absent on six months' leave, and Mr. Justice Starke ig acting a 9 deputy president until December 31, 1920. The difficulty in overcoming the situation brought about by the resignation of Mr. Justice Biggins will be to find among the other 'justices of the High Court bench a Judge who will undertake the duties. None of the justices is anxious- to take the position, which, in addition to entailing extremely hard work, also loaves the holder open to much public criticism; for no award has yet been given which completely satisfies both employers and employees. Mr. Justice Isaacs is practically the only other justice who has had experience in this work, and he will commence an extended holiday at tho end of tho year. There remain Mr. Justice Duffy and Mr. Justice Rich.

Mr. Justice Higgins's resignation does not mean that he will retire from tho High Court Bench. He will still remain a justice of the High Court, but will no longer preside in industrial cases. Since September, 1907. Mt. Justico Higgins has occupied the position of president of the Commonwealth Conciliation and Arbitration Court. This Court was created by the Reid-MTeau Coalition Ministry in. 1905, and the late Mr. Justice O'Connor was appointed the first president. Ho officiated until September, 1907, when his place was taken by > Mr. Justice Higgins, who was appointed to tho position by the then Prime Minister, the lato Mr. Deakin Until October, 190G (when he was appointed to the High Court Bench), Mr. Justice Higgins occupied a seat, in thq House of Representatives as member foi North Molbourno, which seat, ho had held sinco the inception of the Federal Parliament in 1901. The first case dealt with by Mr. Justice Higgins was tho well-known harvester case, in which, when fixing what was a fair and Teason.able remuneration, he enunciated the dictum of the basic' wage—that it was an amount sufficient to provide for the normal needs of the Average employer, regarded aa a. human icing living in a civilised community.

Durirur the last few years Mr. Justice Higgins has freauentlv come into conflict with the Primo Minister (Mr. Hughes), as the result of the appointment bv tho Government of tribunals to deal with industrial disnutes over tha head of the Arbitration Court His resignation, therefore, was not unexpected. Iu August last, when representatives of the Amalgamated Society of Engineers sought information os to whon their -nee wag likely to be heard, Mr, Justice Higgins said:s"lt is possiblo that I may bo compelled to resign tho office of provident, and it is hotter to lot my successor make hs own arrangements. As the Bills are just now before Parliament, it would not be seemly for mo to 'make any further statement. I can make no arrangements ;is to any new ease. At present I do not feel froe."

SUtistics arc' not available of the work of the Commonwealth Court since ita inception, but between the years 1911 and 1919. 7G6 agreements were filed end certified to by the Court. During the same period 159 awards were made. Included in the awards are 18 variations sought, nino of which wero granted and nino refused.