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1.Who were the liberal reformers who were influential in the establishment of arbitration? Why did they favour this form of industrial regulation and how did trade unions and employers respond?
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In a time of social unrest and industrial action was becoming a common place. A few sort to rectify the problem. These liberal reformers included Charles Kingston, Alfred Deakin and Justice Higgins who were influential in bringing about the establishment of arbitration. This paper will discuss what these liberal reformers did to establish arbitration and why did they favour this type of form of industrial regulation. Also, what the response was of employers and unions to this type of industrial regulation. Charles Kingston is considered the pioneer behind the arbitration. Seeing the need for a system that would end the industrial strikes he first attempt an industrial conciliation and arbitration legislation in 1894 as a means of preventing and settling industrial strife. However, the Act was not a success due to the trade unions not registering under this act. The next attempt was to include a clause in the constitution relating to arbitration powers, which was include in the constitution. His final attempt was the conciliation and arbitration bill of 1903. However, disagreement broke out regarding the inclusion of British and foreign seamen who employed in the Australian coastal trades (Playford Vol 9). Finally, Charles Kingston resigned form ministry and the bill gained royal assent in December 1904, now known as the Conciliation and Arbitration Act of 1904. Alfred Deakin was a most harden supporter of ‘New’ protection. Described by Alfred Deakin himself in Gollan as: “The ‘Old’ protection contented itself with making good wages possible. The ‘New’ protection seeks to make them actual. It aims at the manufacturer that degree of exemption from unfair outside competition, which enable him to pay fair and reasonable wages without impairing the maintenance and extension of his industry, or its capacity to supply the local market. It does not stop. Having put the manufacturers in a position to pay good wages, it goes to assure the public that he does pay them.” (1960 p165). Deakin used this ‘New’ protection to introduce a series of protective legislation including arbitration. Collaborating with Charles Kingston to introduce the Conciliation and Arbitration Bill. Justice Higgins is considered the father of arbitration. As a Victorian radical, he with Charles Kingston were responsible for the clause relation to the arbitration powers of the Commonwealth. Gollan indicates that Higgins was firstly opposed to the first draft of the constitution saying, “the machinery of the Government should be mobile and free from complications and embarrassing restrictions”(1960 p182). This relates to the first draft of the constitution that did not relate to the interests of the working class and ultimately all classes in the country. Higgins would then go on to sit on the Commonwealth Court of Conciliation and Arbitration. Liberalism in short is independence and the way these liberal reformers would obtain independence was through economic prosperity of Australia.
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