INDUSTRIAL LAW.

Wanganui Chronicle, Issue 12856, 14 December 1912, Page 5

INDUSTRIAL LAW.

AiN IMPORTANT JUDGMENT

(United Press Association. —Copyright.*

Received 9.20 p.m., Dee. 13

SYDNEY, Dec. 13. The Hii<gh Court delivered judgment in the shipping companies' application for the prohibition agadnst the president of the Arbitration Court and the Merchant Guild enforcing the award fixing wages and rw~ i;+4ons. Their main objections to the award were that with regard to some'of the firms affected no dispute existed beyond the limiitte of one State*.

The Chief Justice, in the course of his judgment, laid it down that a dispute must be actually existing, and actually extending beyond one State before the Federal powers were exerciV able, and mere mischief makers could not, by the expenditure of a few shillings on paper, ink, and stamps create such an occasion. He held that thte notice given by the Guild to ship ownem to enter into an industrial agreement or convene a, conference was absurdly inadequate. Such notice could only be regarded as an -ultimatum, and the isuggested conference would be more illusory than real. Opportunity to discuss an 'industrial claim before they could develop an industrial dispute must be given. In the present case there was not evidence of unadjusted differences between the applicants and their employees on the date notice was given. He considered the objections <radsed were good. Mr Justice Barton concurred. Mr Justice Hlgigin dissented. An order of prohibition was granted, thus upsetting the Arbitration Court's award.