PUBLIC INTEREST AS A CRITERION IN SETTLING LABOR DISPUTES: THE AUSTRALIAN EXPERIENCE

An examination of the development & application of the public interest criterion in industr relations in Australia, esp as manifested in the provision for the public interest in the Conciliation & Arbitration Act & its amendments (1904-1961). It is found upon analyzing the use of the ter...

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Bibliographic Details
Published in:Journal of industrial relations 1964-07, Vol.6 (2), p.1-22
Main Author: Kleinsorge, Paul L
Format: Article
Language:English
Subjects:
Australia/Australian/Australians
Interest/Interests
Labor/Labors
Public
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Summary:An examination of the development & application of the public interest criterion in industr relations in Australia, esp as manifested in the provision for the public interest in the Conciliation & Arbitration Act & its amendments (1904-1961). It is found upon analyzing the use of the term 'public interest' in the Act that it is not confined to the maintenance of production or employment, but extends to all possible effects of various proposals on the public welfare. It is demonstrated how public interest enters into the referral & the appeal procedures. Finally, the Attorney-General, in the public interest & on behalf of the Commonwealth, may exercise the discretion to intervene in a matter before the Court or Commission. How the public interest is served by the methods used to determine the basic wages & standard hours is discussed. It is concluded that the concept of the public interest places great discretionary power into the hands of the industr tribunals, & that they use it as an expedient but do not abuse it. The effectiveness of the use of the public interest criterion in the system of compulsory arbitration to prevent work stoppages is considered. For the future, 'unless the use & interpretation of the public interest criterion are vitally changed, the diff's in operation that may occur are not likely to be fundamental. Today the public interest criterion remains an integral part of the foundation upon which the system operates.' E. Weiman.
ISSN:0022-1856
1472-9296