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Tuesday, 13 September 1904

Mr HIGGINS - The honorable and learned member for Darling Downs also may have spoken on the matter, but I was not aware of the fact. At all events, the desire was to, as far as possible, prevent litigation in the ordinary Courts with regard to the proceedings of the Arbitration Court. So far as the late Government were concerned, they did not recommend this proposal, but simply promised to submit it in pursuance of the generally expressed wish of honorable members, and, of course, as we promised so we performed. I should myself prefer to omit the words, inasmuch as the Judge of the Arbitration Court will be a member of the High Court, and it is very improbable that he will make a mistake in the. law of any matter before him. However, the Committee now understand how these additional words came to be proposed.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 46 -

(c)   to fix maximum penalties for any breach or non-observance of any term of an order or award, not exceeding One thousand pounds in the case of an organization or Ten pounds in the case of any individual member of an organization.

Provided that in the case of an organization of employers consisting of less than one hundred members, the maximum penalty may be fixed at any sum not exceeding such sum as would, when multiplied by the number of members, amount to One thousand pounds.

(d)   to impose penalties, not exceeding the maximum penalties mentioned in. the last preceding paragraph, for any breach or non-observance of any term of an order or award proved to the satisfaction of the Court to have been committed, and to specify to whom such penalties, in whole or in part, shall be paid.

(f)   to declare, by any award,, that any practice, regulation,- rule, custom, term of agreement, condition of employment or dealing whatsoever determined by the award in relation to any industrial matter shall be a common rule of any industry in connexion with which the dispute arises.

(g)   to direct with due regard to local cir cumstances within what limits of area, if any, and subject to what conditions and exceptions, the common rule so declared shall be binding upon the persons engaged in the industry, whether as employers or employes, and whether members of an organization or not, and to fix penalties for any breach or non-observance of the common rule so declared.....

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