PM Transcripts

3'-
TEXT OF STATEMIENT BY THE PRIMTE 1MINISTER, M E. G. WIHITLAM, M. P.,
AT THE OPENING OF THE HAV1KESBIJRY BY-ELECTION, 9 REGET
THEATRE, RICH-MOND, VWEDNESDAY 31 JANUARY 1973
The Statc of New South ales has just experienced a crippling
and unnecessary industrial dispute involving the Transport Workers
Union. The conflict involved was basically an intra-union matter
which should not have expanded into strike action affecting the
entire commiunity. The fact that an intra-union matter could grow--
to such proportions arises from a basic defect in our legislation,
a defect which has been knovm for three years and upon which the
previous Federal Government and the State Government, particularly
that of New South Wales, should have overcome some time ago.
The recent dispute involved an application by the New South
Wales union to be represented separately in the arbitration
proceedings and to negotiate directly with the employers. This
dispute could only arise because the State and Federal unions had a
quite separate cxistence in the eyes of the law.
On 25 February 1969 the full bench of the Commonwealth
Industrial Court handed down its judgement in Moore v. Doyle,
par of which read: " A system of trade union organisation is
urgently needed which would enable the one body to represent it's
relevant members in both the Federal and State arbitration systems
and it should be possible for Federal and State authorities to
examine the quostion whether organisations and trade unions can be
provided with such a system We have decided to refer our
judgement in this matter and these remarks to the Attorney-General
for the Commonwealth in the hope that it may be possible, after
consultation between Commonwealth and State Attorneys-General, the
trade unions, both Federal and State, and other interested Government
authorities to arrange for the examination of the important
organisational matters to which we have referred". I should point
out that a member of the court in this diecision was Mr. Justice Kerr,
now the Chief Justice of Newi South Wales*
Four years ago the Court referred this vital matter to the
Federal and State Attorneys-General. During this period a series
of committee meetings and sub-committee meetings has been held.
At a meeting on 16 and 17 March 1972 the working party completed its
work and definite proposals by the Commonwealth were forwarded to
the States on 13 June 1972. Only four States are involved,
South Australia, Western Australia, Queensland and New South W. ales.
Replies were received from South Australia on 23 August, from
Western Australia on 31 August and from Queensland on 8 September.
New South Wales is the only State which has not yet replied to the
Commonwealth proposals.
The recent strike should never have occurred. It would not
have arisen if the previous Federal Government and the State
Government involved had not been so dilatory in remedying this basic
and obvious defect in our laws. The fact that the matter is not
resolved at this time is solely the responsibility of the New South
Wales State Government.
I have now written to all the State Premiers involved seeking
urgent consideration of this basic legal anomaly to ensure that
disputes of this kind will never again erupt -to cause such
inconvenience to the commnunity.