ARBITRATION COURT.

Dominion, Volume 2, Issue 602, 2 September 1909, Page 9

ARBITRATION COURT.

':^MANAWATu';■FLAXMILLEES'-,AWAKEi. ;' ;:: Judgment.:was.'given''yesterday, afternoon' by his Honour,: Mr. 'Justice Sim', in regard to an 'application;''.' heard 'in 'Palraerston •''. North--'on' August; 19, -for an ■interpretation' of .the Maria.wdtU'.Ftaxmillors' Award. -.';'. : .■ ...' : ■. 'Honour said; that 'clause 4 of the award. I'fiied/tho mininium'rates of pay for the : several' classes iof. workers/employed, in flaxmills,'including ~.feedor6V' ; behoh-loaders,', r and catchers, sorters,'.andvshakers'...'.-.Messrs.'•'.-Broad' and,Eeovo,:whp werebound-by the award,' en.ter«d, into' .a . contract' with four workers, by which these ..workers: agreed during the continu- , aneeof the.agreement—from May 3:to' July 31,, 1909--to do /'all ; the stripping at the Kea- Flax:mill).'Oroua,Bridge, at the.rate; of 3s/ BJd. per ton of green/ flax, out 'and' used at tho.i'mill. Tho : (lucstion! was, whether, this agreement 'was tvalid;. although iundor,its-provisions' the cbntractors -might .earn /less than the minimum wages/prescribed by-the., award.' The parties had. created..:between':themselves tho : relation they . had desired' to .establish—ttat of employer and .contractor/ '.It.; was certain that tho parties to the,'.'agreement';had not. intended .to create the. relation of master and servant/, A' question-had also-' beon , submitted' in conne'o-' tion with,'an. agreement for thpwdrk of 'scutching at a uaxraill.V;,That; question was really ;answered by tho opinion already given in connection with" the' agreement: for stripping. If a- flasmill-ownor'entered into a bona fide contract with α-contractor by-which tho lattei. Agreed-to do all thei_ wbvk _of scutching. at a ilaimill .during a definite, period, at a fixed price per ton/on/terms such as thoso'set but in the 'printed .'form submitted/by/tho inspeotorj such an 'agreement would, not create tho relation" of. master and scr.vant between the parties, and would ,not amount, to tt -breach'of. award, "although ;the' rato to be ; paid per'ton was less than ; that filed, b'y ,the:award. An employer would not be.'entitled to, insist"on any workers working under ;thoaward' eigning .such an a?rpeniont;\ : The agreement, when sjgued by tho parties, to be of any avail must Do.abbna h'de icontract made.by tho parties.- ': . . :.-.