INDUSTRIAL AGREEMENT

New Zealand Herald, Volume LXX, Issue 21520, 17 June 1933, Page 14

INDUSTRIAL AGREEMENT

CHRISTCH URCH TAI LORESSES NOT DECLARED AS AWARD [BY TELEGRAPH —PRESS ASSOCIATION] CHRISTCHUUCH, Friday . In a reserved judgment given to-day the Arbitration Court refused an application to declare as an award an industrial agreement between the Christchurch Tailoresses, Pressers and Cutters' Union and the employers. The refusal was made because there is an award in existence binding on certain- employers who are not parties to the industrial agreement, and that the agreement could not supersede the award until the latter was cancelled. Mr. Justice Fraser said a special point which the Court had to consider was a novel one. Tho term of tho Canterbury Shirt (White) and Silk Workers' Award had expired, but it continued in force until a new award oi* industrial agreement was made. No dispute had arisen since the expiry and no application to the conciliation commissioner had been made. The union of workers and a number of employers •who were parties.to the award had entered into an agreement under section 28 for tho prevention, as distinguished from the settlement, of an industrial dispute, and those employers who were objecting to the present application were not parties to the agreement. Could such an agreement supersede an award of Court so completely as to have the effect of cancelling it in toto. His Honor said it was noteworthy that the Act made careful provision for safeguarding the parties to an industrial agreement from any interference with rights thereunder by any subsequent industrial agreement entered into by some only of their members. Tho original industrial agreement remained in force in so far as the paities who did not execute the subsequent agreement were concerned.