Federated Clerks Union of Australia & Ors v Waterside Workers Federation of Australia & Ors [1983] FCA 76

CATCHWORDS

Industrial law - Conciliation and Arbitration - registered organization - eligibility for membership of Waterside Workers Federation of Australia - conditions of eligibility -

meaning of 'waterside worker' - tally clerk.

Conciliation and Arbitration Act 1904 (C'th.) 5.143

FEDERATED CLERKS UNION OF AUSTRALIA, TERENCE WILLIAM

SULLIVAN, KEVIN JOHN OWENS and JUSTIN GERARD DIVINY v. THE WATERSID& WORKERS FEDERATION OF AUSTRALIA, CHARLES

V. No. 36 of 1982 Sydney

29 April 1983.

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) V. No. 36 of 1982 ) )

INDUSTRIAL DIVISION

BETWEEN:

CORAM: WHERE MADE:

DATE:

FEDERATED CLERKS UNION OF AUSTRALIA,

TERENCE WILLIAM SULLIVAN, KEVIN JOHN OWENS and JUSTIN GERARD DIVINY Applicants

and

THE WATERSIDE WORKERS FEDERATION OF

AUSTRALIA, CHARLES FITZGIBBON, NORMAN DOCKER and TOM SUPPLE Respondents

ORDER

Bowen C.J., Evatt and Northrop JJ. Sydney

29 April 1983

THE COURT ORDERS THAT:

The application be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) Vv. No. 36 of 1982 ) )

INDUSTRIAL DIVISION

BETWEEN:

FEDERATED CLERKS UNION OF AUSTRALIA, TERENCE WILLIAM SULLIVAN, KEVIN JOHN OWENS and JUSTIN GERARD DIVINY Applicants

and

THE WATERSIDE WORKERS FEDERATION OF AUSTRALIA, CHARLES FIT2GIBBON, NORMAN DOCKER and TOM SUPPLE Respondents

CORAM: BOWEN C.J., EVATT AND NORTHROP JJ.

REASONS FOR JUDGMENT 29 APRIL 1983

~

The Court: This is the third of a trilogy of recent cases before the Federal Court raising the question of whether persons within a discrete group of employees are eligible to be admitted as members and remain members of the

Waterside Workers Federation of Australia ("the Federation").

In Co-operative Bulk Handling Ltd. v. Waterside Workers

Federation of Australia (1980) 49 F.L.R. 355 ("the Co-op.

case") a Full Court held that persons employed in specified