INTERPRETING AWARDS

Taranaki Daily News, 5 August 1931, Page 9

INTERPRETING AWARDS

JURISDICTION OF COURT. . JUDGE DEFINES POWERS., , The limits of the jurisdiction of the Arbitra'tion Court were mentioned by Mr. Justice Frazer in the Court at Auckland on Monday when reference was made to a clause in the Shipping and Seamen’s .Act, 1908. The point arose during argument on applications for exemption from the Court’s order reducing •wages by 10 per cent. It was claimed on behalf of the Merchant Service Guild and the Cooks and Stewards’ Union, ■whose applications were heard, that the signing of articles on a ship represented a definite con-, tract of service between the employer and employee. Further, it w r as submitted that the wages and Conditions embodied in tile articles should stand until the expiration of the articles. Section 48 of the Shipping and Seamen’s Act was quoted to show that there could be no alteration of the articles without the agreement of all parties interested. His Honour said the Court was unable to give a decision on this point. The Court was one of limited jurisdiction and it could only interpret its own awards and the Arbitration Act and deal with relevant matters. It was in exactly the same position as any other Court that was limited by the four corners of its statute.

“This Court has full and exclusive power in the interpretation of its own awards,” said His Honour. “Once it steps outside this boundary it is encroaching upon ground on which it has no right to be. The Court has full power to make a general order reducing all wages under awards and industrial agreements, but if there is anything in the Shipping and Seamen’s Act or any other Act which would limit the general order in any way, then the Court has no power to deal, with it. Whether the reduction can apply in any such circumstances is not a matter upon which the Court can give a pronouncement.” Tile question as to the proper Court for dealing with such matters whs raised. His Honour said application could be made to the Supreme Court for a declaratory, judgment if an interpretation of anv Act w.as desired.