Barton, and later by his successor, Alfred Deakin. It was Deakin who described it as the "new era in industrial relations". Then Mr. Justice Higgins had laid down the foundations of the New Province in Law and Order, as he described his court later. p> For a quarter of a century every federal government had been trying to obtain more, and not less, powers over industrial matters. Now Bruce was trying to destroy it with one savage blow. p> All the federal awards were to go into the discard. State awards were to prevail. The state governments were to have absolute power to define conditions governing hours and wages. But still no one knew what had moved the usually cautious Prime Minister to such a revolutionary state of mind. His own followers were as nonplussed as the unions. The engineers and the railwaymen had spent thousands of pounds in preparing and arguing cases in the Federal Court. Now they were to be denied an award. But why? p> One explanation was that the attorney-general, Sir John Latham, had been so upset over the withdrawal of the John Brown prosecution that he had insisted that there must be no halfway remedy. If the government was going to retreat before John Brown, then it could not afford to stay in the field. It couldn't have one kind of justice for the wealthy mine owner and another for a striking unionist. If that was the reason it at least did Latham considerable credit for consistency, even though the proposed remedy was a death-dealing purgative. p> The timetable of events was most interesting. The vote on the John Brown censure motion was taken at 7.30am on Thursday, August 22, 1929. At 3.30pm that afternoon, Bruce rose in the House and produced his bombshell. He gave notice of his intention to bring in a Bill, called the Maritime Industries Bill, which would deal with industrial matters in relation to trade and commerce. Theodore, who was leading the Labor Party in Scullin's absence, wanted to know something about the proposal. But Bruce told him that he would have to wait until the second reading stage. p> Dr Page then presented his Budget. It contained a couple of shocks. But the treasurer was full of abounding optimism about the future. p> Next day Mr Bruce produced his Maritime Industries Bill. The reason for the title was that the maritime and waterside workers were to be the only unions left with Commonwealth awards. They were to come under the trade and commerce powers of the constitution. The Conciliation and Arbitration Act was to be repealed. Existing federal awards were to remain in force only until June 1930. After that time they would come under state awards. p> The arbitration judges were not to lose their jobs. They were to become judges of the Maritime Industries Court. They would look after the seamen, the marine stewards and the wharfies only. But they would not make the award in the first instance. p> Instead there were to be committees representing both sides with an independent chairman, who could be a judge. But the unions were not free to nominate their own representatives. The government would do that out of a panel submitted. The chief judge would make the recommendations. There was to be no evidence in open court. The entire proceedings were to be in-camera without calling evidence. p> There was also provision that the tribunals had to take into account the economic effect of their awards on the national economy. The Maritime Court would have the right of reviewing decisions reached by the committees. It would automatically review every decision, whether there was an appeal or not. The new formula satisfied the shipowners. They didn't want to have their profits made public. They didn't want their affairs probed. p> For the rest, all the awards were to be torn up and tossed in the wastepaper basket. Why was Bruce taking such revolutionary action? p> His theme was that Australia was already in a grave financial and economic plight. It was the first time the Prime Minister talked depression. To cure the depression he had one magic formula: get rid of arbitration. He offered it as his contribution to the economic crisis. His reason was naive: "The passing of this legislation will free industry from many of the embarrassments from which it has suffered in the past. "
By industry, Bruce meant big business. He meant Flinders Street, the shipping combine, the coal vend, industrialists and the graziers. How were they being embarrassed? By the shorter working week and award wages. p> Bruce left the nation under no misapprehension. His policy was going to suit the John Browns. Of course, he clothed it in his usual self-righteous unction, that the Bill was not being brought forward in a party spirit. It was simply for the benefit of the nation and the empire. Later he was to regret his statement that it was non-party. Some of his own followers took him literally. p> Then he proceeded t...
