München als Industriestadt

Responsible government in the Dominions (Vol. 2)

Bibliographic data

Monograph

Identifikator:: 1834114039

URN:: urn:nbn:de:zbw-retromon-222204

Document type:: Monograph

Author:: Lucas, Charles Prestwood http://d-nb.info/gnd/101180705

Title:: Religion, colonising & trade

Place of publication:: London

Publisher:: Soc. for Promoting Christian Knowledge

Year of publication:: 1930

Scope:: 84 Seiten

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter II. The seventeenth century down to 1660

Collection:: Economics Books

348 THE FEDERATIONS AND THE UNION [raART IV is not in one branch employing any members of the organiza- tion, But the vital question which was at issue was whether the Commonwealth Court of Conciliation and Arbitration had power to make an enforceable award inconsistent with (1) the award of a state Arbitration Court, (2) an industrial agreement made and registered pursuant to a state statute, (3) an industrial agreement enforceable under state law, or (4) a determination of a wages board empowered by state statute to fix a minimum rate of wages. It was held by the whole Court (Barton J. was absent) that the award need not be consistent with either of the first three categories, but the Chief Justice and O’Connor J. held that it had no power to make an award inconsistent with the determination of the Wages Board. It is very difficult to follow the decision of the two senior judges in this case, for the other three matters in which they held that the Court could override a state determination did not differ much in principle from the determination of a wages board ; indeed, why an order of an Arbitration Court in a state should be inferior in validity to a wages board it would be very difficult, if not impossible, to determine. In the case of the Australian Boot Trade Employés’ Federation v. Whybrow & Company! the powers of the Con- ciliation and Arbitration Court of the Commonwealth were fully investigated. In that case a dispute had arisen between the Federation and the Company and others who were employers in the boot trade in New South Wales, Victoria, Queensland, and South Australia, and the claimants brought a plaint in the Commonwealth Court. The President stated a special case for the determination of the High Court, which included the question whether it was competent for the Commonwealth Court to make an award inconsistent with an award or determination of the States Wages Boards. This question was necessary because an award had been made in New South Wales under the Industrial Disputes Act of 1908, an award had been made in Victoria under the Fac- * 10 C. L. R. 266.

Access restriction

Copyright

Full text: Responsible government in the Dominions (Vol. 2)

Monograph

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation