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Friday, 25 July 1930

Senator DALY (South Australia) (Vice-President of the Executive Council) . - An honorable senator before talking of the enunciation of vicious principles should carefully study the measure. This bill imposes limitations upon the power of the judges. The powers of the judges are limited to arbitral matters, and the notification by an employee to an employer that he is a member of an or ganization does not form the subject of dispute. In my opinion a judge has not the power to insert this provision in an award. A condition precedent to the recovery is not an arbitral but a legislative provision.

Senator McLachlan - The judges must have considered it necessary.

Senator DALY - The judges may have been carried away by what Senator Sir Hal Colebatch referred to as a specious argument in connexion with an industry such as that conducted by Mr. MacRobertson. I ask Senator Sir Hal Colebatch to closely study the clause and. then to advise the committee whether it is the function of an arbitral tribunal appointed to determine a question of wages and conditions between employers and employees, to make such an order. The contentions of some honorable senators, such as Senator Sir Hal Colebatch, are that arbitration court judges should enter into the realm of politics and legislate instead of arbitrate.It is the responsibility of Parliament to let the judges know in clear language that it expects them to arbitrate and to leave legislation to the Parliament.

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