TRADE DISPUTES (AMENDMENT) BILL

Order for Second Reading read.

7.23 p.m.

The Minister for Labour and Law (Mr K. M. Byrne): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

This Bill, Mr Speaker, Sir, proposes certain amendments to the Trade Disputes Ordinance, which are associated with the Ordinance called the Industrial Relations Ordinance. I have given the Bill its full title, but I intend to move at a later stage certain amendments designed to delete those parts of the Bill which would alter the law relating to strikes and lock-outs in the essential services. In particular, I shall propose that the paragraphs in page 2 of the Bill dealing with strikes and lock-outs in essential services be deleted, and that clause 7 be omitted from the Bill. I do not, therefore, comment now on those provisions.

The main purpose of the Bill is to add to the types of strikes and lock-outs which are already illegal - strikes and lock-outs which are in furtherance of trade disputes of which the Industrial Arbitration Court has cognizance. Such strikes and lock-outs are in essence directed against the Court. Quite obviously, the Court cannot deal in a proper atmosphere with issues in dispute, if those issues are the subject of direct action outside the Court. The right to strike during bargaining stages are left unimpaired, but when a dispute goes to Court, direct pressure should cease. Sir, "you cannot have recourse to law and recourse to force at the same time" is a simple proposition. When an award is made, the Court has performed its task. Of course, not every award will give employees everything they would like. Indeed it is sometimes said that it can never be possible to give employees everything they would like to have, but the system requires that employees should work in accordance with the award. It therefore requires that it should not be lawful to incite them not to do so. The Bill gives effect to this in the new clause 3 (c) which it is proposed to insert in the principal Ordinance.

I commend the Bill to this House.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole Assembly.

Committee Friday, 12th February, 1960.