<ind which they supply are effectively protected, by acquiring
snowledge of the openings which exist for them through visits to
Australia of the heads of firms or responsible representatives, by
the employment of competent and well-paid agents and travellers,
and by using to the full the services of the admirable organization
astablished for their benefit in Australia under the British Trade
Commissioner.
61. We have observed in an earlier passage in this report that
the effects of the protective tariff and of the wages and conditions
of labour fixed by decisions under the Arbitration Acts are inti-
mately infer-related, and it is incumbent upon us to offer such
dbservations as we have to make upon the latter subject.
62. In every capital city of Australia we have had the advantage
of meeting the leaders of the Trade Union movement. We have
been much struck by the strength of that movement, reinforced
as it doubtless is by the homogeneity of the people and by the active
and intelligent interest which they take in all matters affecting
their welfare. We have had frank and interesting discussions with
the leaders of the movement; and we have found that practically
on every occasion the subject of the Arbitration Acts and of the
Courts established thereunder has come up during the course of
these discussions. By workmen's representatives, not less
emphatically than by representatives of the employers, it has been
consistently represented to us that the Arbitration Courts are not
achieving their purpose and that a system designed to arrive by
judicial decisions at fair and prompt settlement of industrial dis-
putes such as could be freely accepted by both sides must be held
‘o have failed.
63. The most important of the reasons which have been ad-
vanced for this view are that experience has shown that there
arises between the two parties who appear before the Arbitration
Court Judge or Arbitrator the spirit of antagonism inseparable from
litigation, and that the object of prompt settlement is defeated by
the delay occasioned by the necessity for the collection and
presentation of detailed evidence in a form acceptable to a Court.
[t is complained that the procedure of the Court occasions the
expenditure of much time and money by the litigants and involves
very long absences from their ordinary occupations for a large
number of persons whose time might be more profitably employed ;
that the subject matter of the questions which are brought before
she Courts is not of a nature with which judicial tribunals, neces-
sarily unversed in the practical problems of industry or in the
sconomic questions to which they give rise, are best fitted to deal;
and that the overlapping jurisdictions of the Federal and State
Arbitration Courts have led to an almost inextricable tangle of
conflicting decisions so complicated that large staffs have to be
maintained to keep track of them and to endeavour to guard
against involuntary contravention of any of them in the course of
everv-dayv business.
The Arbitra-
tion Acts.