“No Jurisdiction.”

Hokitika Guardian, 10 August 1921, Page 3

“No Jurisdiction.”

| TO AMEND AWARDS, I STATEMENT BY PRESIDENT. CHRISTCHURCH, August 7. “Variation in the cost of living is the only ground on which tlie Arbitration Court has jurisdiction to amend awards, while they are in force, except by the award,” such was the text of a judgment which was given by Mr .Justice Frazer in the Arbitration Court to-day. The Canterbury I’aper Bag Carton and Boxmakers’ Union asked that their award be amended so as to equalise the wages of females, with the ’’ages paid to females in "Wellington. Tt was also asked that the award be continued on an equitable basis until the expiry of the other printing trade awards on April 2nd.. 1922. BASIC' RATE ALTERED. “It is quite tine.” said His Honour “that in the past the Court has. on occasions altered the basic rate v here an application lias been pronerlv Before the court on account of the cost of living. Under the war legislation, which is founded on the increases in the cost of living since the date of the award, wc have no jurisdiction unless that foundation is laid. Similarly, of course, if applications were, in the reverse direction, asking for a reduction, there would have to lie laid the foundation of a reduction in the cost of living, where the foundation of the cost of living had been laid the <>ourt lias taken the opportunity, if ail a indication was .properly before the court, of raising those rates. However the kiwis perfectly clear on the point. SUPREME COURT RULING. “It tests on the decision of Mr •Tustice Cooper, some years ago, and it has never been questioned. This court has n'rt power except in accordance with the War Legislation Act and one or two clauses in the principal \«’L to alter an award during its currency. The application before the court not properly based on any consideration set out ill the War Legislation Act. and we have come to the conclusion that there is no jurisdiction. It is not a question of the merits of the ease, but merely the jurisdiction of the < urf. As we have no jurisdiction we have no right to deal with the matter. It is unfortunate that some awards run out before others, and certain members of the trade in one district are on a better footing than others in different districts, hut that cannot he helped. To cut the matter short, we are quite convinced there is no power as the law stands at present to enable us to deal with your application.”