ARBITRATION LAW

Hokitika Guardian, 9 April 1932, Page 3

ARBITRATION LAW

'‘‘ EFFECT 5 OF THE BILL. ' OLD AWARDS TO CONTINUE WELLINGTON,; April 6. A good deal of uncertainty exists among both employers and workers as to the effect of the Arbitration Bill that' is now waiting the, approval of the Legislative Cout-il. One misconception that appears to be fairly widespread, is that immediately on the coming'into force of the new legislation award" made under the old Act t will cease, to exist. + Awards will not be destroyed by the new legislation, and, until the procedure laid down in the Bill is complied jvith awards will remain in force. An award will cease to exist .only if no, agreement is come to after exhausting the measures provided. ,by the new Act for arriving at an agreement. The Amending Bill specifically provides that existing award's shall continue in force until application is made by one of the parties for the awards to be reviewed.

Under' existing legislation 'awards 2"{ire made for stated periods, generally r " two years, but according., to the Act they “continue in force until a new Rivard has been duly made or* an industrial union of workers bound by such award has been cancelled.” When an application for a new award is made it is in the first place sent Legislative Council. One miscon'win awards made under the old Act to the Conciliation Commissioner- who calls the .Conciliation' council together and whether ari agreement is readied or not the dispute is referred to the Arbitration . Court for the purposes of an award being made. If agreement is reached 'by the Conciliation Council on all points, an award is made accordingly, but when points refiiain in dispute the Arbitration Court hears evidence and an award is made by- a majority of the Court.

EXISTING AWARDS. Awards are in existence to-day—not very many however—which were made more than ten years ago. Quite a number exceed three years, the maximum period;; allowed under the Act. There are comparatively few awards that haveiaftot'exceeded the three-year termc r,; 'When* the country was prosperous And , business Satisfactory employers #ei;e '• wiling- to concede points to the workers; It was not uncommon in nfanv industries for the unions to cite : the employers for a new award immediately the old one expired. The depression has told its tale, and unions in recent times have been content to allow tife, gristing awerdstto continue. Under' the new legislation awards' made under" existing legislation will remairf, .in force until one or other of the parties make a move for reveiw, the only difference in this respect between the old Act and the new legislation being that .in the case of awards that have not completed their term permission is given for their review if they have been in existence for moj;e than six months and have more than three months to run before expiry.