High Court In the Sawmillers' case, the High Court had been divided 2:2 and thus the decision of the Chief Justice prevailed, in what is sometimes described as a statutory majority. Griffith CJ, O'Connor J agreeing, held that the Arbitration Court could not make an award that was inconsistent with the minimum wages fixed by a Wages Board under a State law. Higgins J stated two questions of law to be determined by the full court of the High Court: Whether under the Constitution it is competent for the Commonwealth Court or Conciliation and Arbitration to make any award which is inconsistent with certain awards or determinations of State Wages Board in the States of New South Wales, Queensland, South Australia, and Victoria. Whether in the draft award annexed to the special case there are any provisions inconsistent with such awards or determinations. Higgins J did not refer a question in relation to making the award a common rule as the respondent employers would be bound by the award and the High Court would not decide the point without hearing from employers who were not respondents. Australian Boot Trade Employees Federation v Whybrow and Co (No 1) The High Court answered both questions in the negative. The majority, Griffith CJ, Barton & O'Connor JJ, in separate decisions, applied the decision in the Sawmillers case, holding that the Arbitration Court could not make an award that was inconsistent with a State law. There were two fundamental propositions that were central to the judgments of the majority, (1) the reserved powers doctrine that power to regulate the domestic trade and commerce was reserved to the State and that the Australian parliament could not invade that sphere and (2) that arbitration was the exercise of judicial power and that the Arbitration Court was required to determine the matter according to law, including State law. Section 109 of the Constitution, did not apply because the Arbitration Court was required to declare and administer the law, not make it, thus an award made by the Arbitration Court was not a federal law that would prevail over a State law. Discontent with a State law was not an industrial dispute between employees and their employer. On the question of inconsistency the majority held the question was whether it was impossible to obey both laws. Because an employer could agree to pay more than the State minimum