AMENDMENT OF AWARDS.

Auckland Star, Volume LII, Issue 187, 8 August 1921, Page 4

AMENDMENT OF AWARDS.

JURISDICTION OF COURT. -. (By Telegraph.—Press Association.) CHKISTCHURCH, Saturday. Variation in the cost of living is the only ground on which tie Arbitration Court has jurisdiction to amend awards while they are in force, except by mutual consent of the parties to the award. Thie was the text of a judgment given by Mr. Justice Frazer in the Arbitration Court to-day. "It is quite true/ said his Honor, "that in the past the Court has on occasions altered the basic rate where an application has been properly before the Court on account of the cost of living, which, under the war legislation, ie founded on increases in the cost of living since the date of the award. We have no jurisdiction unless that foundation i≤ laid. Similarly, of course, if applications wore in the reverse direction asking for a reduction there would hare to be laid the foundation of a reduction in the cost of living. Where the foundation, of the cost of living had been laid the Court has gone on occasions a little further and adjusted the basic rates. In some cases, where an award i≤ below the recognised standard, the Court has taken the opportunity of an application properly before the Court of raising those rates. However, the law ie perfectly clear on the point. It rests on & decision of Mr. Justice Cooper some years ago. It has never been questioned. This Court has no power except in accordance with the Wax Legislation Act and one or two clause* in the principal Act to alter an award during ite currency. ."The application before the Court b not properly based on any consideration set out in the War Legislation Act, and we have come to the conclusion there is no jurisdiction. It is not a question of the merits of the case, 'but merely the : jurisdiction of thu Court."