ARBITRATION COURT.

New Zealand Herald, Volume LX, Issue 18460, 25 July 1923, Page 7

ARBITRATION COURT.

QUESTION OF NIGHT SHIFT. FITTER AT CHELSEA WORKS. COMPANY'S COIfTENTION UPHELD. Reserved decision wan given by the ■'; Arbitration Court % yesterday, dismissing the'application of the inspector of awards, Mr. J. Hollows, for ■ a penalty of £10 ' on the Colonial . Sugar. P.efining Company, for failing to pay a fitter 3s extra for night shift at the Chelsea works. " The Court stated that the definition of a ■*' night"> drift " indicated that it "mi» a special shift worked , after the ordinary day's work was finished, rather than a shift worked , without reference to ■ the ordinary daily hours' of work. Clause 3 , of the award further provided that over-,'■';.. : rates shall be payable when fewer than '.three consecutive night shifts (ware | worked, which implied that ( these night ' shifts were of a temporary nature, , and not part of the general routine of the business. These circumstances led- the Court to the conclusion that clause 3 (b) was not intended to apply (to shiftworkers, in the true sense of the term, but to day workers, who were occasionally called upon to work at night (when there was an unuuual pressure of work. There was no conflict; between clauses 3 and 21, ; and the company's contention that clause 3 did not apply to. shiftworkers was sound. , Cooks and Stewards.

Application was made by tho New Zealand Cooks' and Stewards' Federation to add several parties 1 to the cooks' ( and stewards' coastal shipping ' award of March 24 last. The Auckland firms; to which the application applied were (the Northern , Steamship Company, Kauri Timber Company. Messrs. '( Smith and McKenzie, Wilsons ■(;•. Cement (..Company, Parker-Lamb Timber Company, Whangape Timber Company; Waikato Shipping Company, and East Coast. Shipping Company, Tauranga. Mr. B. L. Hammond, representing th* Employers' Federation, ' objected to inclusion on behalf of the Northern Steamship" Company, tho Kauri Timber - Company, and the Wilson Cement Company. He held that the Court had no jurisdiction to hear the application, ■as this was a ( Wellington (award, and had no Dominion : application. :'■'.•;.?• ; .";(; The Court upheld this objection, " declining iurisdiction insofar as Auckland coastal boats ; were concerned. ;; Three Southern firms, H. Scales, Wellington, Dowell Bros., Wellington, and the Opua Shipping Company, Chnstchurch, . were added, as these ■). parties v had made no Objection. ■~': (vV ' -(;•". ;(;■-('v ; :M^;:(-''.:-(;i(';;(,;..;( Mr. ; Justice Frazer said > the . Court (had always allowed separate awards for the peculiar conditions existing ; in -branches of the industry in Auckland. o( - ' Bricklayers and - Stonemasons. ' . Consequent! on the framing of the Dominion award for carpenters, joiners, and joiners'v machinists, the Northern industrial district' carpenters ;•(( and '<.£ joiner;*, bricklayers - and ; stonemasons' award, of May 10,; 1920, has been amended to make it clear that the award remains in. force in respect of the other workers provided therein. The amended award is to operate from August 6. '''..'. ...