Powers of Arbitration Court
A Decision Upset
Press Afisociation.—Copyright.
Sydney, this day. The High Court, in an appeal against tho decision ot ' the Arbitration Court ami Full Court, that the former possessed the power of making a common rule of the Court, in upholdingtlm appeal with costs and in grinning prohibition agninst the Arbitration Court, declared that the Arbitration Court bad exceeded its power. . An industrial agreement might be enforced between the parties bound by it, but there was no basis for a common rule. The Chief Justice said that the Arbitration Court in this ease had asserted a jurisdiction which the .Legislature hail not intended to give jit, and endeavoured by a short cut, without first providing the safeguard stipulated by the Act, to impose an obligation upon a person not before it,
The common rule decision haf affected several common rules already made by the Arbitration Court.
Trades unionists and employers alike agree that the common rule decision has struck at the vital principle of the Arbitration Act. Out of forty five agreements already registered by the Court the common nile applies to fifteen, and troublous times are prediereil for those concerned thereunder. It is probable ,that some steps will be taken in the direction of having the common rule validated in these cases.
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https://paperspast.natlib.govt.nz/newspapers/WHDT19041209.2.13
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Waihi Daily Telegraph, Volume IV, Issue 1166, 9 December 1904, Page 2
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216Powers of Arbitration Court Waihi Daily Telegraph, Volume IV, Issue 1166, 9 December 1904, Page 2
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