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Thursday, 13 October 1955

Dr EVATT -I desire to ask the Minister for Labour and National Service a question which is supplementary to the question which he answered on the amendment of the industrial arbitration legislation in relation to ballots. Will the Minister make certain about the present legal position? I think that, in the generally accepted view, the position as stated by the honorable member for Blaxland is correct. Will the Minister examine the recent decisions by the Commonwealth Arbitration Court and the High Court that the so-called court-controlled ballot cannot be reviewed by either the arbitration court or the High Court, notwithstanding allegations or proof of the most grave irregularities? That decision was given quite recently, and I presume that the Minister will agree that if any ballot must be conducted without irregularity and subject to the stringent control of the courts, it is a court-controlled ballot.

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