Australia -- Politics and government; Great Britain -- Colonies -- Australia
"The Arbitration Court has not hitherto been in the habit of giving
reasons for its decision. It appears to the Court that, sitting as
arbitrators, it should as a general rule follow the ordinary practice
of arbitrators and simply give its decision without reasons. In the
present case, however, so far as I myself am concerned, I think it is
desirable that I should, with respect to part of the award, give some
indications of the reasons which have induced the Court to arrive at
its conclusion. The part of the award to which I refer is that which
relates to clauses 1 and 2 of the general rules which the
Manufacturers' Association has submitted to the Court: '1. (_a_) It is
the individual right of the employer to decide whom he shall employ or
dismiss. (_b_) It is the individual right of the workman to accept or
refuse work from any employer. {288} 2. Employers or employes, either
individually or through any organisation, shall not discriminate for or
against any person because he is or is not a member of any
organisation, neither shall there be any distinction between organised
or non-organised labour; both shall work under the same conditions and
receive equal pay for equal work.' The Bootmakers' Union, in
opposition to the rules so suggested, put forward the contention that
employment should be limited to members of the Bootmakers' Union. The
Court, however, is not able to accept the extreme view which has been
put forward by the Bootmakers' Union. If it were accepted it might
follow that an employer, who had work to do and who could not get Union
men to do it, might have to bring his operations to a standstill. The
effect of it also would be that non-Union men would be absolutely
prevented from earning their living in the workshops of the members of
the Manufacturers' Association. That, so far as I am concerned, seems
to be going beyond what the Court ought to decree. On the other hand,
however, I am not prepared to accept absolutely clauses 1 and 2 in the
form in which the Manufacturers' Association has put them forward. The
Court ought, I think, to comply with the intention of the Legislature
as evidenced in the provisions of the Industrial Conciliation and
Arbitration Act, and ought not to do anything which is calculated to
destroy or weaken any industrial organisation. The {289} intention of
the Act is indicated in its title--the Act is an Act to encourage the
formation of Industrial Unions and Associations. The Court, therefore,
ought not to do anything which will tend to destroy or weaken an
industrial association, or interfere with the manifest intention of the
Legislature as disclosed by the Act. We have this also, that for the
last three years the shops of the Manufacturers' Association have been
practically working as Union shops. It is true that manufacturers
say--probably with truth--that they were so worked because they could
not help it, but the fact remains that they have been working in that
Public-domain text, read in full here on John Shaqi.
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