Spencer, William Alfred v The Australian Workers Union [1983] FCA 22

CATCHWORDS

Conciliation and Arbitration Act 1904 - ss.140 and 141 -

use of wide combs in the shearing industry ~ whether union's rules contrary to provisions of Pastoral Industry Award 1965 when read together with the Pastoral Industry (Roping-In No. 4) Award 1980 and Pastoral Industry (Roping-In No. 5) Award 1982 - power of court to grant

permanent and interlocutory injunctions

Conciliation and Arbitration Act 1904, ss.140 and 141

Federal Court of Australia Act 1976, ss.19 and 23

WILLIAM ALFRED SPENCER v. THE AUSTRALIAN WORKERS UNION

No. WA 3 of 1983

Coram: Toohey J.

18 February 1983

Perth

o oF

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) WA No. 3 of 1982 INDUSTRIAL DIVISION )

IN THE MATTER OF the Conciliation and Arbitration Act 1904

BETWEEN:

WILLIAM ALFRED SPENCER

Applicant

and

THE AUSTRALIAN WORKERS UNION

Respondent

CORAM: TOOHEY J.

18 February 1983

REASONS FOR JUDGMENT

This is the return of a rule nisi in connection with an application brought under ss.140 and 141 of the

Conciliation and Arbitration Act 1904.

The matter was heard concurrently with a similar application in Lawrence v. The Australian Workers' Union, WA No. 2 of 1982 in which I have just delivered

judgment and published my reasons. There are some differences

in the contents of each rule nisi but at the request of the parties

they were heard together and they were argued on the basis that each raised the same questions of fact and law. Counsel

for the applicants adopted each other's submissions.

wo

My reasons for judgment in Lawrence v. Australian Workers! Union are attached to these reasons and should be regarded as part of them. Save that the applicant has been a member of the respondent for 20 years and that in describing the events of 25 February 1982 the applicant was told by his employer that he was to use a wide comb for the purpose of a demonstration for the Commissioner and that "there would be no troubles over the demonstration that day", the facts in each application are identical.