STATE COAL MINES.

Auckland Star, Volume XXXVI, Issue 29, 3 February 1905, Page 3

STATE COAL MINES.

AKBITBATION COURT AWARD. By Telegraph.—Press Association.) WESTPORT. Thursday. The Arbitration Court gave judgment to-day in regard to the position of the State coal mines under the Arbitration Act. The judgment concludes:—We think that what the Legislature had in view was a general award for the district, and that, having this in view, it simply nullified the prohibiting provisions of section 118 of the Industrial Conciliation and ,Arbitration Act, 1900, and declared that awards should bind the Crown in relation to State coal mines. In so acting, however, the Legislature has not restricted the operations of the section in general awards affecting the district, but has left to the Court the power, which it already possesses, of restricting the operation of its award to a part of the district or to particular parties. Thi3 is confirmed by the power to vary an award according to local circumstances. It is true that the State Coal Mines Act, 1901, has provided no machinery for enforcing an award, but presumably Parliament has assumed the Crown would not do otherwise than observe it, at least in cases where it had had full opportunity of being heard in the framing of the award. This Court has decided Lhat parties who

are norther named nor cited are not

bound by its awards, and we do not think that it was intended to bind the m.T.najre-T-CTjt of the .State coal mine 'without giving it a hearing. An objection was Indeed by the management to our binding it. but. as it -was not cited, we merely take this as showing that it does not desire to be found unless the suggestions put forward by it are fully considered. At the same time the union has intimated to us that it is not prepared to go on with the hearing so far as their mine is concerned. We are, therefore, in a position to make no order which will probably meet both parties. We accordingly reserve power to add the management of the State mine as a party to the dispute in the pending application of the Dennfeton I7nion. Upon the application of any party competent to make such application, such application may be made at any future date.