Powers of N S. W. Arbitration Court

Southland Times, Issue 19482, 9 December 1904, Page 3

Powers of N S. W. Arbitration Court

. _ ' ■■ ■' ; _ . » ■ . ■ ; SUCCESSFUL APPEAI^ ; ■ Per United Press -Association. By Electric , Telegraph. — Copyright. .; SYDNEY, le^ 8. ; 'Received Bth, 9.19 p.m. ' Tho High . Court Judges, in on appeal .against a decision of the Arbitratipty Court? and' the full Court, held that the i former possessed the power of making a common mle. The Court, in upholding tho n';p«-al, .with costs, and granting 1 prohibition against the Arbitration - Caurt, declared that the Court- had exceeded its. powers. '. An industrial agreement might be enforced between the par-: ties bound by it, but there was no basis for a common rule . . Tho Chief 'Justice said the Arbitration Court in \this case had' asserted ,'urisdictio'n which ; the Legislature did not intend to. give it, and in the end endeavoured by a short cut, without first providing the safeguard stipulated by the Act, to impose ;u« obligation upon a person not I. ef ore it. The common rule 1 decision affects several common rules already made by the Arbitration Court. Received 9th, 1.14 a.m. Trades unionists and employers alike agree that the common rule decision of the High Court has struck at the vital, principle of the Arbitration Act. -Out of 45 agreements already registered in ' the Court the common ; rule 1 - applies; to 15, awd troublous times are predicted for those concerned thereunder. It i& probable that some steps will be taken in the direction of .having the common rule validated in these cases.; ■■'••.' - '■- ' ■■•' ■ '•■ , '