CONDITIONS AT SEA

Dominion, Volume 6, Issue 1623, 14 December 1912, Page 5

CONDITIONS AT SEA

OFFICERS' GUILD DEFEATED.

AUSTRALIAN AWARD UPSET ON APPEAL. SHIPOWNERS' VICTORYBy TeloEraph—Press Asflociation-Oopyrifflit (Rec. December 13, 9.50 p.m.) Sydney, December 13. Tho High Court lias delivered judgment on tho slapping companies' application for a prohibition against tho President of tho Commonwealth Arbitration Court and tbo Merchant Service Guild enforcing tho recent award fixing wages and conditions for members of tho guild. Tho main objections to tho award were that with regard to some of the firms affected no disputo existed beyond the limits of one Stato, as is necessary before tho Commonwealth Court can intervene. Tho Chief Justice, Sir Samuel Griffith, in tho course of his judgment laid it down - that a disputo. must bo actually existing and actually extending beyond ono Stato beforo tho Federal powers are exercisable, and that mere inischiefmakors cannot by the expenditure of a few shillings in paper, ink, and stamps, create such an occasion. Ho held that tho time of tho notice given by tho Guild to tho shipowners to enter into an industrial agreement or convene a conference was absurdly inadequate.. Such notico could only bo regarded as an ultimatum, and tho suggested conference was illusory and not a real opportunity to discuss tho Guild's claims. Thero was not evidence that tho shipowners had not adjusted differences between them and their employees at tho date of the notice. He considered the objections raised to be good. Mr. Justice Barton concurred, but Mr. Justice Higgins dissented. The order of prohibition was granted, thus upsetting the Arbitration Court's award. - Tho Commonwealth is given power under Clause 51 of the Constitution Act to ■make laws for "conciliation and Arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one Stato." It has long been recognised as a moot point at wliat stage in a dispute intervention by tho Commonwealth Court is justifiable.