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Hours and Basic
Wage Case One For Majority Decision !
MELBOURNE.-The Full High Court decided today
unanimously that the Acting Chief Judge of the Federa) Arbitration Court (Judge Drake Brockman) did not have power to decide how the basic wage in- quiry and the 40-hour week inquiry should be heard.
. Each of the five judges of the Full High Court set out the reason why he believed the question was one . for a majority decision and not one for the Acting
Chief Judge alone.
The H i Rh Court declared tiiat refusal or approval of- any such application' was a matter tor de- cision by all or the majority of the members of the full Arbitra- tion Court.
The' efl'ect of today's ruling is that a final decision on the appli- cation'for a separate hearing of the. hours and wages cases skill remains to be given by the Arbi- tration Court, which will sit again next Monday.
The Printing Industry Union and about 53 other trade unions had challenged Acting Chief Judge Drake Brockman's action last week in ruling that the wages - and hours cases should be heard
ogther as the court had previ- ously decided.
Announcing the .High Court's decision the Chief Judge (Sir John Latham) added that neither - the chief judge of the Arbitra-
tion Court nor the coiirt itself could compel any party to make an tpplication "which it did not
.wish to make.
..- The unions intimated after Act- ing- Chief Judge Drake Brock man's no severance ruling that they would give evidence only on matters relating to" the hours
Tile Chief Justice said that 'Acting Chief Judge Drake Brock- man and his colleagues Mr. Jus- tices Foster and Sugarman had not agreed on the interpretation of section 43 of the Arbitration
The High Court now upheld the
interpretation on the matter of justice.
The Chief Justice also said he wish it clearly understood that the court was dissenting from what the Acting Chief Judge had said about the Court's duty to preserve its indépendance and re I fused to accept any direction from any internal source in the per- formance of its duty.
I Th Acting Secretary of the
A.C.T.U. (Mr. Stout) said today that as a result of the judgment, the A.C.T.U. would now resub- mit its applications to the Arbi- tration Court to bring the wages case hearing after the 40-hour
State Rail Men Wlil Not Strike
SYDNEY - The Australian Railways Union will follow the New South Wales Labor Council's policy and not stop work on May 1, but the other transport unions, Tram and Bus Employees' Union; will obey the policy laid down by the Australian Council of Trades Unions, i I
The Federated Ironworkers'; Union announced today it would take part in the one-day stop- page, irrespective of what was decided by the N.S.W. Labor Council. The Miners' Federation members on the northern coal- fields will be idle on May Day as they have never worked on* this day.
One-Day Strike j
MELBOURNE-The president of the A.C.T.U. (Mr. Clarey) said today that the decision to have u ono-day Australian-wide strike on May 1 would be adhered to unless it was rescinded.
J-le said that N.S.W. was bound
by the decision. J
Mr.- Clarey was commenting on the decision last night of the N.S.W. Trades and Labor Coun-j eil not to participate in a stop-, page. J
The interstate executive, he said, would probably be called together to consider the posi- tion.