Cabinet decided that no action should be taken in Parliament to disapprove the award⁽¹⁾ as a whole.

It appears to me, however, to be open to grave doubt whether provision contained in the award with reference to Boards of Reference has any legal validity. Parliament had no power to disapprove of this provision without disapproving of the award as a whole; but I think that it could be successfully challenged in a court of law.

The Arbitration (Public Service) Act 1911 provides, in section 15, that an 'award' which has not within the prescribed time been disapproved by either House shall, sub-ject to the Constitution, have full force and effect, notwithstanding the provisions of any law or regulation of the Commonwealth. But in my opinion the provision in ques-tion, which does not determine any question of salary or conditions of service, was not capable of being the subject-matter of a claim under the Act, and is not an award or part of an award within the meaning of the Act.

[Vol. 12, p. 421]

(1) Award by the Commonwealth Court of Conciliation and Arbitration between the Australia Telegraph and Telephone Construction and Maintenance Union and the Public Service Commissioner and the Postmaster-General of the Commonwealth, Dated 1 May 1914 (see Commonwealth of Australia, Parl.Papers 1914,Vol.II,p.61).