PARTIES TO AWARDS

Dominion, Volume 32, Issue 145, 15 March 1939, Page 14

PARTIES TO AWARDS

Societies Not Run For Pecuniary Gain QUESTION FOR COURT AVhether societies not run for pecuniary gain should be added as parties to awards was a question submitted to the Court of Arbitration in Wellington, yesterday, when two appeals against decisions of Mr. J. A. Gilmour, S.M., were heard. The awards were the Taranaki. AVellington (outside 25 miles radius), and Nelson Clerical AVorkers’ Award, and the New Zealand Private Hotel Employees’ Award. Exemption from both awards on behalf of the Manawatu and West Coast A. and P. Association, and the AVellington Y.M.C.A., was sought by Mr. H. J. Bishop, who appeared for appellants, it being submitted that the decisions of the magistrate were outside the jurisdiction of the Court under section 154 (pecuniary gain) of the Industrial Conciliation and Arbitration Act, and that they were contrary to the Court’s policy.

Section 154 of the Industrial Conciliation and Arbitration Act states: No award or industrial agreement made after the commencement of this Act shall effect the employment of any worker who is employed otherwise than for the direct or indirect pecuniary gain of an employer. Provided that this section shall not be deemed to exempt any local authority or body corporate or any chartered club or racing club, trotting club or hunt club from the operation of any award or industrial agreement. Partial exemption had already been granted by the magistrate to both parties, said Mr. Bishop. He submitted that neither was run for pecuniary gain, and that whatever profits were made were directed back into the institutions for the benefit of the members. Both parties were prepared to observe the conditions of awards and would give an undertaking to that effect, but they objected in principle to being bound by awards. The hearing was devoted almost entirely to legal submissions, an adjournment being taken at the conclusion of the case for appellants. Mr. T. P. Cleary appeared for respondents. A special fixture is to be arranged for the bearing of his submissions. '