Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) W.A. No. 6 of 1984 ) INDUSTRIAL DIVISION )
«BETWEEN:
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; TIMOTHY JAMES McMANUS Applicant and A. RAVI (BUILDER) PTY. LTD. Respondent CORAM: Northrop J. PLACE: Perth DATE: 4 April 1984
EX TEMPORE REASONS FOR JUDGMENT
This application has as its genesis what is described by Toohey J. as the "saga of the Building Workers Industrial Union of Australia ('the B.W.I.U.') an organization under the Conciliation and Arbitration Act
1904"; see reasons for judgment in Leslie v. B.W.I.U.,
Matter W.A. No. 3 of 1984, 12 March 1984, unreported. The
background facts to the present application are set out in
-2- those reasons for judgment and need nat be repeated, but they must be remembered for the purposes of the reasons about ta
be given.
The applicant is a member of the B.W.I.U. He recognizes and adheres to the Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers, State Branch of the Building Workers Industrial Union of Australia ("the Branch"). He does not recognize and does not adhere to the Western Australian Carpenters and
Joiners, Bricklayers and Stoneworkers Industrial Union of
Workers, a union registered under the Industrial Arbitration
Acts. of the State of Western Australia ("the State Union").
The dispute between the Branch and the State Union constitutes the matter in litigation before Toohey J. That matter is due to come on for hearing in May 1984. In the
meantime, disputation between members of the B.W.I-U. as to
which is the lawful branch of the B.W.I.U. in Western Australia continues resulting in industrial difficulties arising on construction sites. This application arises from one of those industrial difficulties arising on the construction site, the St. James Library site, where the respondent employs a number of members of the B.W.I.U., including the applicant. The conditions of employment of those persons is regulated by the National Building Trades
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