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.
