common rule aspect was unconstitutional. Griffith CJ expressed stronger views in relation to the constitutionality of the common rule provisions, stating that the function of an arbitrator was a judicial function that could only be exercised between parties to the dispute and after hearing them. The power to make a common rule award was a legislative function which, consistent with the decision in Whybrow (No 1), could not be conferred on the Arbitration Court. Griffith CJ emphasised the settlement of disputes between parties, with no apparent consideration as to the constitutional power in relation to the prevention of disputes. Griffith CJ held that the common rule provisions being unconstitutional did not invalidate the entire Act. Paper dispute as to wages The President found that of the 23 matters in the log of claims, only two matters were really in dispute, wages and the use of boy labour. The boot manufacturers argued that this finding meant that there was no industrial dispute necessary for the Arbitration Court to have jurisdiction. The establishment of a dispute by way of a log of claims had been rejected by the majority of the High Court in the Sawmillers case. Griffiths CJ, with whom Barton J relevantly agreed, held that the evidence established a dispute extending over the four States in relation to wages and that the service of the log of claims crystallised this dispute into a claim for a definite sum. Isaacs J held that a clear demand from the union, coupled with the absence of any response from the employers was sufficient, that a "a dispute raised in a formal and complete way is to be taken prima facie as genuine and real". Ambit On the question of apprentices or boy labour, Griffith CJ held that prior to the service of the log of claims the only dispute common to the States related to their number as a proportion of journeymen. The log of claims demanded wages for apprentices that were fixed upon the basis of experience. Griffith CJ held that the Arbitration Court had no jurisdiction to go beyond the demand made. The award could not stand until the error was corrected in that otherwise apprentices would have to be paid the full adult wage. O'Connor J similarly held that the Arbitration Court had exceeded its jurisdiction when it was never in controversy between the parties that experience combined with age