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Tuesday, 6 August 1946

Mr HOLT (Fawkner) .- I address myself to clause 44 because the Government has not seen fit to adopt my earlier suggestion that the chairman of the Coal Industry Tribunal should be. a judge of the Arbitration Court. Therefore,' because I believe it is so important that there should be central control over the industry by the Arbitration Court, I propose an amendment that will have the effect of giving an appeal from decision of the tribunal to the Arbitration Court. I move -

That the following new sub-clause be added : - " (3.) An appeal' shall lie to the court in manner prescribed from any award or order made by the tribunal ".

The amendment is quite clear. If the Government will not have a judge of the Arbitration Court as chairman, there should be the right of appeal from that tribunal on questions of principle to the Arbitration Court. It does not necessarily follow that an appeal would be automatic. The tribunal itself could determine whether it would grant leave to appeal. I assume it would not grant such leave unless it considered that the matter raised such issues as the Arbitration Court should deal with.

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