I am in receipt of your minute of 4 October, forwarding copy of memorandum from the Acting Public Service Commissioner in connection with the determination of the Public Service Arbitrator in the matter of the Australian Postal Assistants' Union and the Federated Public Service Assistants' Association, and asking for advice as to whether the Public Service Arbitrator was acting in excess of his statutory powers in including a provision granting leave on full pay to officers called as witnesses for the organisations under certain prescribed conditions.

The Public Service Commissioner is of opinion that the granting of leave to witnesses is a matter for determination by the Commissioner and not by the Arbitrator.

Claim 14 (b) of the Australian Postal Assistants' memorial is as follows:

That leave be granted on full pay to a member of the claimant organisation summoned as a witness for such time as such member is necessarily absent from duty attending as a witness. This clause shall not apply to witnesses called from beyond a State.

The Federated Public Service Assistants' memorial contained the following claim:

17 Members who are required to attend the Arbitration Court shall be granted leave on full pay.

In the case of leave to representatives of the Postal Electricians' Union toprepare and conduct their case before the Arbitrator, I advised (see my memorandum of 19 October 1921⁽¹⁾) as follows:

The award does not grant leave to the officer, but declares that when leave has been granted to any officer for the purpose of preparing or conducting a case before the Arbitrator, he shall, upon the certificate of the Arbitrator, be on full pay.

I think that this provision in the award is within the power of the Arbitrator to 'determine all matters . . . relating to . . . terms or conditions of service or employment'.

The wording of the determination in the present case as regards representatives preparing for or conducting a case and witnesses summoned to attend is different. The Arbitrator has in this case determined that 'leave on full pay shall be granted to any member of the claimant organisation summoned as a witness . . . '

The claim for leave for witnesses to attend was submitted to the Arbitrator by these organisations and I am of opinion that the Arbitrator in making the provision in question was not acting in excess of his statutory powers contained in section 12 (1) of the Arbitration (Public Service) Act 1920.

[Vol. 19, p. 47]

(1) Opinion No. 1147.