PREFERENCE ENFORCEABLE

Sun (Auckland), Volume IV, Issue 1016, 5 July 1930, Page 6

PREFERENCE ENFORCEABLE

EFFECT OF ENGINEERS’ AWARD A preference clause in favour of members of the Amalgamated Engineering and Allied Trades’ Union can be enforced in favour of- Gisborne unionists against those members of the Auckland branch of the New Zealand Institute of Marine and Power Engineers, now employed by Nelsons’ (N.Z.), Ltd., freezing works at Gisborne. This is the effect of an interpretation given by the Arbitration Conrt yesterday afternoon, on an application by the Inspector of Awards. The principal issue was whether an agreement, under which members of the institute now engaged at the works were appointed, made under the Labour Disputes Investigation Act, 1913, could supersede an award. In liis judgment, Mr. Justice Frazer said that, assuming the institute was authorised to enter into an agreement regarding shift engineers, there still ■ remained the question whether such an • agreement could supersede the award i made by the court in settlement of a dispute between the Gisborne branch of the Engineers’ and the employers of shift engineers. The judge pointed out that, although the term of the award had expired, it still continued in force, and, therefore, the preferable clause it contained was enforceable. His Honour suggested the possibility of the Engineers’ Union exempting certain firms in drawing up a new agreement. The alternative course was for the institute to apply for registration as a union, and the court could then hear argument as to which union should have the award