WHEN ARBITRATION BINDS.

Auckland Star, Volume XLVII, Issue 51, 29 February 1916, Page 7

WHEN ARBITRATION BINDS.

ONCE AN AWARD IS MADE.

A QUESTION OF JURISDICTION"..

At the Arbitration Court yesterday, Justice Stringer presiding, J. T. Julian applied for an exemption from lan amendment to the carpenters' award affecting suburban workers. The I application had reference to an existing contract at the Westfield freezing works. Mx. S. L Clarke appeared to support the application, and Mr. T. Bloodworth opposed it on behalf of the Amalgamated Society of Carpenters and Joiners. The application for exemption from the amended terms of the award was on the grounds that the amendment imposed upon the applicants the payment of an extra £500 for travelling time to carpenters employed upon their Westfield contract. Mr. Bloodworth, for the- Carpenters' Union, objected to the application being heard, contending that the Court had power only to amend an award to remedy a defect therein. The application made no claim that the award was defective, but sought for an exemption for a party already bound by the award. The Court had no power, Mr. Bloodworth contended, to entertain such an application. jHe quoted previous decisions of the Court in support of this contention. His Honor observed that if the objoction raised by Mr. Bloodworth held good in the one case it would aleo apply to all the applications for exemption. Mr. Clarke stated on behalf of the applicant that if the Court would hear ■ the application they could show good reason why the exemption should be granted. i Mr. Bloodworth contended that if the Court entertained the application it ; would be equally just for any firm to ! a PP'y f° r exemption from any clause i which the} , might think imposed a hardi ship upon them. There would be no finality to awards if such a course were ; allowed. I After consideration by the Court his 'Honor remarked that the Court's powers ito amend were very limited. Parties had i ample opportunity to apply for exenip- ; tion before awards or amendments were ! made, but since the award had been ! made, notwithstanding that individual \ hardships occurred, the Court had no ! power to entertain these applications ; for exemption.