Co-operative Bulk Handling Ltd v. The Australian Workers Union Western Australia Branch Industrial Union of Workers & Waterside Workers Federation of Australia [1980] FCA 163

0?

Lil dear 'Serar COURT OF AUSTRALIA

W.A. No, 2 of 1980

WESTERN AUSTRALIA DISTRICT REGISTRY W.A. No, 3 of 1980

wwe ww

INDUSTRIAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

CO-OPERATIVE BULK HANDLING LTD. Appellant (Applicant)

and

THE AUSTRALIAN WORKERS' UNION WEST AUSTRALIAN BRANCH INDUSTRIAL UNION OF WORKERS

Respondent (Respondent) and WATERSIDE WORKERS FEDERATION OF AUSTRALIA Respondent (Respondent)

CATCHWORDS

Industrial law - whether certain employees not entitled to be

admitted as and remain members of the Waterside Workers Federation

of Australia - interpretation of conditions of eligibility for membership ~ which rule prescribes conditions of eligibility -

meaning of "waterside worker" - industrial meaning or usage - reference

to industrial awards and agreements to determine meaning.

Conciliation and Arbitration Act 1904, 5.144, s.i39, Part 111,

Divisions 3 and 4.

Conciliation and Arbitration Regulations - reg. 125.

: = IN THE FEDERAL COURT OF AUSTRALIA

W.A. No. 2 of 1980 WESTERN AUSTRALIA DISTRICT REGISTRY

ee eee

INDUSTRIAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN : CO-OPERATIVE BULK HANDLING LTD. Appellant (Applicant) and WATERSIDE WORKERS FEDERATION OF AUSTRALIA and THE AUSTRALIAN WORKERS' UNION WEST AUSTRALIAN BRANCH INDUSTRIAL UNION OF WORKERS Respondents (Respondents) ORDER JUDGES MAKING ORDER: J. B. Sweeney, Evatt and Northrop Jd. DATE OF ORDER: 19 November 1980 WHERE MADE: Melbourne

THE COURT ORDERS that the appeal be dismissed,

' 4 ry

IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) W.A. No. 3 of 1980 ) )

INDUSTRIAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: THE AUSTRALIAN WORKERS' UNION WEST AUSTRALIAN BRANCH INDUSTRIAL UNION OF WORKERS Appellant (Respondent) and CO-OPERATIVE BULK HANDLING LTD. Respondent (Applicant) and WATERSIDE WORKERS FEDERATION OF AUSTRALIA Respondent (Respondent) ORDER JUDGES MAKING ORDER: J.B. Sweeney, Evatt and Northrop JJ. DATE OF ORDER: 19 November 1980 WHERE MADE: Melbourne