The Postmaster-General has received a letter from Senator Ready enclosing a letter from the Honorary Secretary of the New South Wales Branch of the Australian Postal Electricians' Union, complaining of the absence from the Arbitration (Public Service) Act of any machinery by which a union can enforce an award, or take action, against the Public Service Commissioner for breach of an award.

The papers have been forwarded for advice as to the legal and constitutional position.

Section 8 of the Act provides that:

The Public Service Commissioner, and the Permanent Heads and Chief Officers of the several Departments of State, and all persons in the Public Service of the Commonwealth, shall comply with the provisions of any award or order of the Court made in pursuance of this Act.

The award, therefore, is binding on the Public Service Commissioner and all other Commonwealth officers, whose duty is to obey it, and who are accountable for breach of that duty.

The rights conferred on an officer by an award would also undoubtedly be enforceable by appropriate proceedings in a court of law.

I would call attention to the fact that the correspondence does not mention any instance of non-compliance with an award on the part of the Commissioner or any Department.

[Vol. 15, p. 23]

1. This Date is attributed. In the Opinion Book this opinion is year dated only, but the dating of adjacent opinion suggests a date in February of 1917.
2. This opinion is unsigned in the Opinion Book, but it is attributed to Sir Robert Garran.