Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION
wee ww
BETWE
No. WA 3 of 1984
EW: FRANCIS ALLEN and LESLIE ALAN SEMPLE PARK Applicants and
THE BUILDING WORKERS INDUSTRIAL UNION OF AUSTRALTA
First Respondent
THE WESTERN AUSTRALIAN CARPENTERS & JOINERS ,
BRICKLAYERS AND STONEWORKERS INDUSTRIAL UNION OF WORKERS
Second Respondent
PATRICK MARTIN CLANCY, ERNEST BOATSWAIN, THOMAS McDONALD, ARNOLD CURRIE, HUGH HAMILTON, BEN CARSLAKE, ROD DRIVER and ALFRED ZEENO
Third Respondents R. MARCHANT, G. FERGUSSON, T.
MORRISON, W. GABLES , L.
STRUTZENBERGER, J. PINCIRO, I.
SMITH, M. O'LEARY, J. TAYLOR and D. EITSENHAMMER
Fourth Respondents
CORAM: TOOHEY J.
12 March 1984
REASONS FOR JUDGMENT
This is a further chapter in what is becoming a saga of the Building Workers Industrial Union of Australia (the "BWIU"),
an organisation under the Conciliation and Arbitration Act 1904.
Matters involving Mr. Allen and Mr. Park on the one hand and the BWIU on the other have been before this Court on several
occasions since last year. To place the present application, which is for interlocutory relief, in context it is helpful to
look briefly at what has happened so far.
Mr. Allen and Mr. Park are members of the BWIU and, until February 1983, each was an organiser of the Western Australian Branch of the BWIU ("the Branch"). At that time steps were taken by the assistant secretary of the Branch, Mr. Henderson, to suspend Mr. Allen and Mr. Park as organisers;
thereafter the committee of management of the Branch purported
first to suspend and then to dismiss them as organisers.
On 6 May 1983 this Court made orders, the effect of
which was to require the BWIU and the officers of the Branch to treat the suspension and dismissal of Mr. Allen and Mr. Park as
null and void.
Subsequently Mr. Park and Mr. Allen each brought proceedings against Mr. Henderson, charging him with a failure to comply with orders made by the Court in the proceedings just mentioned. On 2 September 1983 Beaumont J. dismissed each of
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