was the basis on which the pay of apprentices should be regulated. Likewise Isaacs J held that that "as to some apprentices more [was] awarded than was asked for and refused, and therefore more than was in dispute. It is the dispute that has to be regarded and adjudicated upon." Australian Boot Trade Employees' Federation v Whybrow and Co (No 3) The union, represented by Arthur, applied for the award to be declared a common rule for the boot, shoe and slipper industry within New South Wales, Victoria, South Australia, Queensland and Tasmania. No employer in Tasmania had been served with the log of claims. 35 employers, represented by Starke, objected to the award being made a common rule on the ground that the provisions were unconstitutional. The President again stated a case for the High Court to decide the question of law. Beeby, having previously represented the union, now represented some employers who were respondents to the award, including Whybrow & Co. The respondent employers argued that the common rule was necessary for the effective settlement and prevention of dispute, This argument reflected the employer's economic interest in competition from boot manufacturers paying lower wages. The Commonwealth, represented by Duffy intervened to support the validity of the Act while Victoria, represented by Irvine intervened to argue the Act was invalid. With the question of the common rule directly raised, Griffith CJ considered the constitutional power for the prevention of disputes, maintaining his view that both dispute and arbitration connotes the existence of parties taking opposite sides. Both the employer and employees may be happy with their current arrangements such that there was no dispute to be prevented and that the making of a common rule award was the exercise of legislative power. Barton J reiterated that arbitration for the settlement of a dispute confines the award to the ambit of the dispute and to binding only the disputants. Barton J similarly rejected the notion that there could be arbitration to prevent a dispute and that arbitration connotes the settlement of a dispute between parties. O'Connor J held that arbitration involved "a judicial settlement of matters in difference between parties to a dispute" and that the effect of a common rule "is to confer a law making power, and not an arbitral power". There could be no arbitration in the absence of disputing parties. Isaacs J put it slightly differently,