with the seasonal employees for picking, packing, etc. An award was made in 191 2, at the instance of the Rural Workers Union and another, and the work went on for the term of the award, three years, without any conflict. When the term expired the union had been disbanded, its members having joined the Austra- lian Workers Union. The employers wanted to get the same award as between themselves and the AustraKan Workers Union, and the latter union was willing to accept the same award; but there was no dispute and, therefore, the Court had no jurisdiction. Subsequently in view of the increase in the cost of living the Aus- trahan Workers Union made a demand for higher wages, etc. This demand was disputed, and then the Court got jurisdiction. After a discussion in conference an agreement was made and filed, and the work went on smoothly.^^ This case, however, points to the inconvenience of limiting the jurisdiction of the Court to dis- putes. It may be that the same power that deals with the disputes should be enabled to regulate labour where necessary. The President has frequently been asked to act in a one-state dispute as voluntary arbitrator on an ordinary submission by agreement. The request has generally to be refused but in excep- tional cases the Court has acted at the request of Ministers of a state or of the Commonwealth, especially where the matter affects the defence of the Commonwealth. Another encouraging feature of the position is that the practice of arbitration, instead of the practice of strike, is favoured by all, or nearly all, the greater unions. Federal unions are frequently constituted with the avowed view of making common cause in the several states as to existing grievances, and of getting the Court to settle the dispute all round. The Australian Workers Union — the greatest union in Australia, comprising about seventy thousand members in pastoral, farming, and other rural occupations — is a staunch supporter of the work of the Court. Formerly there was continual trouble with the shearers, shed hands, wool pressers, etc. There was no certainty that the pastoralists could get their work done; and yet wool is probably the principal export of Australia. Since the constitution of this Court there has been no general strike of these men. There have been some local troubles, but the Fruit-growers, 9 Com. Arb. 288 (1915).
Page:Harvard Law Review Volume 32.djvu/251
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A NEW PROVINCE FOR LAW AND ORDER
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