Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v CSBP Limited [2012] FCAFC 48 Citation: Construction, Forestry, Mining and Energy Union v CSBP Limited [2012] FCAFC 48
Appeal from: CSBP Limited v Construction, Forestry, Mining and Energy Union [2011] FCA 917
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v CSBP LIMITED ACN 008 668 371
File number: WAD 357 of 2011
Judges: KEANE CJ, SIOPIS & RARES JJ
Date of judgment: 2 April 2012
Catchwords: Fair Work (Registered Organisations) Act 2009 (Cth), s 166 – declaratory relief – registered rules – interpretation of registered union rules – eligibility for membership – approach to determining the eligibility for membership of registered organisation – consideration of the 'primary purpose test' – consideration of activities of employees in the course of their employment – relationship between eligibility for membership and description of industry rules – whether Process Technicians are 'attendants' or 'any other workers assisting in and about the work incidental to any engine, boiler or machinery connected with the production or utilisation of power on land'
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth)
Cases cited: R v Isaac; Ex parte Transport Workers Union of Australia (1985) 159 CLR 323 followed R v McKenzie; Ex Parte Actors and Announcers Equity (1982) 148 CLR 573 cited Federated Engine Drivers' & Firemen's Association of Australasia v Master Builders Association of Western Australia (1983) 291 CAR 530 cited Coldham; Ex parte the Australian Workers' Union (1984) 56 ALR 149 discussed Federated Engine Drivers & Firemen's Union (WA) v Mt Newman Mining Co Pty Ltd (1977) 57 WAIG 794 followed Joyce v Christoffersen (1990) 26 FCR 261 followed R v Cohen; Ex parte Motor Accidents Insurance Board (1979) 141 CLR 577 considered Electrical Trades Union of Australia v Waterside Workers Federation of Australia [No 2] (1982) 59 FLR 78 (at 87); 42 ALR 587, 595 considered Re IBM Global Services Australia Ltd (2005) 144 IR 389 considered R v Gough; ex parte The Municipal Officers' Association Australia (1975) 133 CLR 59 followed
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