THE NEW ARBITRATION ACT.

Gisborne Times, Volume XXVII, Issue 2444, 8 March 1909, Page 6

THE NEW ARBITRATION ACT.

[QW IT AFFECTS INDUSTRIAL i- : agreements. Mil. FINDLAY'S OPINION. [At the meeting of the Gisborne; [biographical Union on Saturday ev •Sing,' the Typographical Federatioi irwarded an opinion, per favor o. Se Labor Department, from Mr. D s t. Findlay, solicitor, iporcnce to the question as to “Who jier an industrial can be iado into an award ol the Court o. Arbitration uiuler the Industrial Con illation and Arbitration Act withoir iiy reference to the Council ol Con libation.” The opinion covers three ides of type-written foolscap, but r. iummarv of the same may be of in crest, viz.—l. An industrial agree pent ‘may be constituted an award o [he Court by reference to the Council jnd thereafter by reference' to th< Court of Arbitration by the Clerk ol Awards. 2. The parties to an indus trial agreement may enter into a bind mg agreement to make the agreement in award of the Court and to tak< 111 necessary stps to that end. 3. the Court of Arbitration has not ju risdietion to constitute an agreement award without reference by the erk of Awards after notification by JSfchje.’Council. 4. If the Court of Arbi Atration assumes original jurisdiction ii tlie matter, it- decision and the award Iriade would not be impeachable. To give to an agreement the force ol fan award may be an important factoi bh the prevention or settlement of industrial disputes* and undoubtedly ■parties coidd agree that steps be [•‘taken to give such an agreement the force of an award. The functions o’ the Council are merely to bring about ■an amicable agreement. A reference to the Council under such circumstances would be a pure work of supererogation, and il referred pm forma to the Council it could only notifv the fact of the agreement ant: give the Clerk of Awards the necessary power to refer the matter to the Court for the purpose of constituting the agreement an award. OTHER POINTS OF ENQUIRY. OPINION BY SOLICITORGENERAL. The Gisborne Typographical JJnioi' also received on Saturday evening a letter from the Typographical Federation, enclosing a copy of a letter iron Mr. F. Rowley, of the Labor Depart ment, re the Federation obtaining r Dominion award from any one centre, and re Conciliation 'Council’s jurisdiction. The communication was as follows:—In reference to the deputation which waited upon Mr. Tregear re cently from your Association, inquiring as to several points under the In dus trial Conciliation and Arbitratioi Amendment Act,. I may say that Mr Tregear wrote to the Solicitor-Genera on the matter, and the following lithe gist of the opinion received : Ques tion I.—As to whether your Associa tion could bring a dispute before anj Industrial Council in any distric. which is most convenient for the purpose: I may say that the reply receiv ed is to the effect that the Associa' tion must be a party to the dispute and must apply to the Commissionei exercising jurisdiction within the district in which the dispute has arisen. Question 2.—ln the event of a ease being brought before the Christchurch Council of Conciliation, must the persons nominated be Christchurch menjAssessors may be picked from any part of the Dominion. Question 3. — In the case of an award being made extending over tlie whole of the Dominion, can employers all over the Dominion, or any employer in any part of the Dominion, be cited as parties to the dispute, or be bound by an" award? A Council cannot make anj award. It merely recommends term?, of settlement, which the parties may accept or partially accept as they think fit. The Council’s recommendation has no binding force. All ■awards are made by the Court of Arbitration, but they must be made and filed in each industrial district separately. Although, in several cases, the Court has made what .are termed ‘‘colonial awards,” they neyerthelesf require to be made for each district. In such cases, the provisions have been the same throughout the Dominion. *