Lawrence, Raymond v Australian Workers Union [1983] FCA 422

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) WA No. 2 of 1982 INDUSTRIAL DIVISION )

IN THE MATTER OF the Conciliation and Arbitration Act 1904

BETWEEN:

RAYMOND LAWRENCE Applicant and THE AUSTRALIAN WORKERS' UNION

Respondent

CORAM: TOOHEY J. -

18 February 1983

REASONS FOR JUDGMENT

This return of a rule nisi arises from the use of wide combs in the shearing industry.

Mr. Lawrence, the applicant, is a shearer and has been a member of the Australian Workers' Union, the respondent, for some 40 years. That union is an organization registered under the provisions of the Conciliation and Arbitration Act 1904 ("the Act").

Rule 123 of the union's rules reads

"123. No member shall use a broad gauge

comb and cutter. Members violating this Rule shall be fined Forty Dollars ($40).

The meaning of broad gauge comb shall be any comb exceeding 24 inches from the outside of the top tooth to the outside of the bottom tooth".

2.

The applicant seeks to have that rule declared invalid pursuant to s.140 of the Act. To understand why the application is brought, some reference to facts and to relevant awards is necessary.

Clause 32 of The Pastoral Industry Award 1965 prohibits a shearer from using and an employer from permitting him to use any comb wider than 2 inches between the points of the outside teeth. The Pastoral Industry (Roping-In No. 4) Award 1980 applies the provisions of the Pastoral Industry Award to the respondent and its members, and to the Farmers' Union of W.A. Industrial Association and the Tasmanian Farmers Federation Employers' Association and their members in respect of employment by members of either association of members of the respondent, save only that cl.32 of that award is expressed not to apply to the parties. Similarly, the Pastoral Industry (Roping-In No. 5) Award 1982 applies to the respondent and its members and to Metropolitan Saleyard Services of Western Australia the Pastoral Industry Award, save for cl.32.