LAW INVALID

New Zealand Times, Volume LIII, Issue 12425, 20 April 1926, Page 11

LAW INVALID

FORTY-FOUR HOURS WEEK CONFLICTS WITH FEDERAL AY/ARDS HIGH COURT’S DECISION Bv Telegraph.—Press Assn. —Copyright. (Received April 19, 8.25 p.m.) SYDNEY, April 19. The High Court of Australia delivered its reserved judgment in 'three appeals challenging the validity of the New South Wales Forty-four Hours Week Act. The court upheld all the appeals, and discharged the order of the magistrates, and dismissed the summonses. The Chief Justice, in delivering judgment, said the question which arose for ihe court’s determination was whether, 4 when a Federal award had been duly made, the Parliament of a State could alter its terms or impose on the parties to it rights or obligations inconBistent with such terms. '• The court ruled that the Forty-four Hours Act was inconsistent with the Jaw of the Commonwealth within the meaning of the Constitution, and, to the extent of that inconsistency, invalid. The decision was a great disappointment to union officials, but at present it is not anticipated that it will lead to industrial trouble, as the men working under the Federal awards will continue to work. MAY CaL-SE FRICTION The president of the Employers’ ’Federation. said the judgment was a matter of very grave concern, and* might cause friction. The federation WQuld hold a meeting at an early date to consider the new situation created, and to decide upon a course of action, if necessary. He declined to state whether the employers generally would now deduct four hours* pay from all employees who continued to work 44 hours when 48 hours were specified hv a Federal award. FEDERAL VERSUS STATE LAW The appeal was lodged hy the Clyde Engineering-Companv and two other ’ firms to test the validity Of the new Act Counsel for the companies argued that the Act was invalid, as it conflicted with Federal awards under which the employees of the three companies were working, and that wherever a State law imposed a rule of conduct where another rule of conduct was already enunciated by the Com-, monwealth Legislature, then the State' law , was void.