Page:Harvard Law Review Volume 32.djvu/250

214 214 HARVARD LAW REVIEW in the second place Parliament has amended the act by enabling a Justice of the High Court to decide whether there is a "dispute extending" or not, before arbitration, and his decision is final."*^ Now, when a dispute extending is not admitted an appUcation is made to the Justice of the High Court for such a decision before the case is dealt with in the Court of Arbitration. Another great addition to the usefulness of this Court has been made by a decision of the High Court to the effect that the Court of ConciUation has jurisdiction to "prevent" an industrial dispute extending by taking the quarrel in hand and even making an award as to it before it extends to other states.*^ For instance, there is a dispute at the port of Rockhampton. If it be not settled there the members of the union in the ports of other states will probably treat the vessels which come from Rockhampton as "black" and refuse to work them. The Court of Conciliation in such circimistances has on several occasions settled the dispute before it has extended."*^ The utility of the power conferred on the President to call a compulsory conference of representative disputants has been time after time demonstrated. Frequently the conference has pre- vented a local strike which was imminent. Frequently, arrange- ments are made for carrying on work until award: frequently, quarrels are settled or agreements are made as the result of a con- ference. The power to call a conference is discretionary; and if in any locality members of the union have struck work the President refuses to call a conference unless work is resumed in the mean- time on the old terms (that is to say, refuses to call a conference at the instance of the union). This refusal has on some occasions set the wheels of industry going again imtil the award has been made. Since the previous article, employers more frequently than before seek the assistance of the Court for the settlement of dis- putes. They often ask for compulsory conferences. For instance, the fruit-growers at the interesting settlements of Mildura and Renmark on the Murray River had, year after year, much trouble " Merchant Service Guild, i6 Com. L. R. 591 (1913). « Waterside workers, 10 Com. Arb. 429 (1916); Merchant Service Guild, 10 Com. Arb. 214, 228 (1916).
 * § 21 oa.