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Tuesday, 21 June 1904

Mr CROUCH (Corio) - I was not present when paragraphh was under discussion, and although I have no desire to revive a general discussion on the clause, I would ask the Prime Minister whether he considers that the retention of the words "or that the dispute has been dealt with," does not make, the paragraph inconsistent with clause 38.

Mr Watson - I think that that provision in paragraphh refers to a matter in respect of which an award of the Federal Court had not been made. The Court would have power to dismiss any such matter if it appeared to be trivial.

Mr Deakin - The paragraph relates to cases that might be sent to the Federal Court, but with which it considered the State Arbitration Court should deal.

Mr CROUCH - But the words " or that the dispute has been dealt with," are used.

Mr Deakin - If it does, not think that it is expedient to make a Federal award it will not be necessary to do so under this provision.

Mr CROUCH - I would suggest that the words "or is proper to be dealt with "-

Mr Watson - The paragraph cannot now be amended.

Mr CROUCH - I am aware of that. It seems to me, however, that section 38, which was drafted after this provision had been placed in the Bill, was an after-thought ; that it was the result of a suggestion, and that a new state of affairs would be created if paragraphh remained as at present. I should like the Prime Minister to consider the matter before the report stage is reached.

Mr Watson - I will do so.

Mr. LONSDALE(New England).- I may be in error, but it seems to me that no fault can be found with the drafting of the provision referred to by the honorable and learned member. Under paragraphh, the Court would have power to dismiss a complaint which it considered to be trivial, or that should properly be. or had been dealt with by a State industrial authority.

Clause, as amended, agreed to.

Clause 47 agreed, to.

Clause 48 -

The Court, by its award, or by order made on the application of any party to the proceedings before it, at any time in the period during which the award is binding, may -

(a)   prescribe a minimum rate of wages or remuneration, with provision for enabling some tribunal specified in the award or order to fix, in such manner and subject to such conditions as are specified in the award or order, a lower rate in the case of employees who are unable to earn the minimum wage so prescribed ; and

(b)   direct that as between members of organizations of employers or employees and other persons offering or desiring service or employment at the same time, preference shall be given to such members, other things being equal ; and

(c)   appoint, a tribunal to finally decide in what cases an employer or employee to whom any such direction applies may employ or be employed by a person who is not a member of any such organization.

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