oun CATCHWORDS Industrial Law - Application under s.143 of Conciliation and Arbitration Act 1904 for cancellation of registration of organisation - Standing of applicant in own right and as President of an unregistered voluntary association - Meaning of "person interested". Conciliation and Arbitration Act 1904 - s.143 Builders' Labourers' Federation (Cancellation of Registration) Act 1986 (Cth) Builders' Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986 (Cth) BLE (De-recognition) Act 1985 (Vic) Industrial Relations Act 1979 (Vic) - ss. 47(1), 47(6) VINCENT DOBINSON v. THE MASTER BUILDERS ASSOCIATION OF VICTORIA No. V 16 of 1986 CORAM: Evatt, Beaumont and Jackson JJ. Sydney 11 November 1986 f RECEIVT 12 NOVIS35 FEDERAL COURT OF AUSTRALIA PRINCIPAL, ye a camer eee tre tees cee ee - ery a 8 Rg teats ape ween ey + cry . IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY INDUSTRIAL DIVISION BETWEEN : Judges making order: Date order made: Where made: ) ) ) No. V 16 of 1986 ) ) VINCENT DOBINSON (who sues on his own behalf and on behalf of and as representing all the other members of The Australian Building Construction Employees' and Builders Labourers' Federation as at 14 February 1986) Applicant THE MASTER BUILDERS ASSOCIATION OF VICTORIA Respondent MINUTES OF ORDER EVATT, BEAUMONT and JACKSON JJ. 11 November 1986 Sydney THE COURT ORDERS THAT the proceedings be dismissed. Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules. ws ee arya + wares we Sa eres ' Seine deta hier eted tae , , nr IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No. V 16 of 1986 INDUSTRIAL DIVISION BETWEEN : VINCENT DOBINSON (who sues on his own behalf and on behalf of and as representing all the other members of The Australian Building Construction Employees' and Builders Labourers' Federation as at 14 February 1986) Applicant AND: THE MASTER BUILDERS ASSOCIATION OF VICTORIA Respondent CORAM: EVATT, BEAUMONT AND JACKSON JJ. DATE: /{ November 1986 PLACE: Sydney REASONS FOR JUDGMENT EVATT and JACKSON JJ. The applicant, who is the Federal President of The Australian Building Construction Employees' and Builders Labourers' Federation ("the BLF"), sues on his own behalf and on behalf of all other members of the BLF as at 14th February 1986 for an order under s.143 of the Conciliation and Arbitration Act 1904 cancelling the registration as an we as t ' ain arene esse = pan yrees wets, ope eres ee Ie mae wr oy - ee -t > organization under that Act of The Master Builders Association of Victoria ("the MBAV"). The proceedings were instituted after the cancellation (by s.3 of the Builders' Labourers' Federation (Cancellation of Registration) Act 1986) of the registration of the BLF as an "organization" under the Conciliation and Arbitration Act 1904. In order for Mr Dobinson to have standing to pursue the proceedings it must appear that he is a "person interested" in terms of s.143(1) of the Conciliation and Arbitration Act. We find it difficult to see what interest the applicant and other members of the unincorporated association which is now the BLF now have in securing the cancellation of the registration of the MBAV as an organization under the Conciliation and Arbitration Act or the making of any other order which might be made under that section. It is not as if cancellation of the registration of the MBAV would then have the effect that the unincorporated association would be free to negotiate with the MBAV or its members under the laws of the State of Victoria because the BLF has also attracted the attention of the Victorian legislature which in the BLF (De-recognition) Act 1985 provided in s.6(1) that:- "(1) Notwithstanding anything to the contrary in the Industrial Relations Act 1979 or any other Act or in any rule of law, on the day on which this section comes into operation - No ee ere cee re * epee pe aeye s wy ' mee ays we (a) (bd) any award of a Board or of the Commission shall cease to apply to the employment in the construction industry of persons who are members of BLF; BLF shall cease to be recognized as an association under the Industrial Relations Act 1979 and shall cease to be entitled to exercise any of the rights or enjoy any of the privileges of a recognized association under that Act;" and in s.6(2) that:- "Notwithstanding anything to the contrary in the Industrial Relations Act 1979 or any other Act or in any rule of law, the following provisions shall have effect on and from the day on which this section comes into operation: (a) (b) (g) (h) (i) (3) BLF shall not be entitled to appear before or make submissions to the Commission or a Board; BLF shall not be entitled to be represented before the Commission or a Board by a member, officer or employee of BLF or by any other agent; BLF shall not be eligible to make application to the registrar to be recognized as an association under the Industrial Relations Act 1979; A member of BLF shall not, while employed in the construction industry, be entitled to the benefit of any award of a Board or of the Commission relating to that employment; A member of BLF shall not, while employed in the construction industry, be entitled in relation to that employment to exercise any of the rights or enjoy any of the privileges conferred on employees by or under the Industrial Relations Act 1979; and A member of BLF, while employed in the construction industry, shall in relation to that employment, for the purposes of Part VI of the Industrial Relations Act 1979, be deemed not to be a worker within the meaning of that Part." The result of these provisions is that the BLF cannot even lawfully enter into an agreement relating to an industrial matter with any member of the MBAV. See ss.47(1) er ar ong: a ater De rengee Sarees ae a err a Te ie en and 47(6) of the Industrial Relations Act 1979. Nothing has been suggested, in our view, particular circumstances of this case to show that Mr Dobinson has any interest, in the sense required by s.143(1), in the application. in the In these circumstances the proceedings should be dismissed. I certify that this andthe /i,<e fobublfermis Associate Dated: |) Movemace 1966 preceding pages are a true copy of the Reasons for Judgment herein of his Honour Yr. Justice Evatt ad Mr JSushee dackson OTT re tee een eee nee, ew oe ee oe IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. V 16 of 1986 ) ) INDUSTRIAL DIVISTON BETWEEN : VINCENT DOBINSON (who sués on his own behalf and on behalf of and as representing all the other members of The Australian Building Construction Employees' and Builders Labourers' Federation as at 14 February 1986) Applicant AND: THE MASTER BUILDERS ASSOCIATION OF VICTORIA Respondent CORAM: Evatt, Beaumont and Jackson JJ. DATED: 11 November 1986 REASONS FOR JUDGMENT BEAUMONT J. The background to this matter appears in the reasons for judgment in the proceedings in the New South Wales District Registry between The Australian Building Construction Employees' and Builders Labourers' Federation as applicant and The Master Builders' Association of New South Wales as respondent (No. I.3 of 1986) and in the proceedings in the Victoria District Registry between The Australian Building Construction Employees' and Builders Labourers' Federation as applicant and The Master Builders' Association of Victoria as respondent (No. V 10 of gop vee nt as 7, spate oe oe re ee Foomy a an -, ba 1986). By an application and statement of claim filed on 16 May 1986, the applicant, Vincent Dobinson, suing on his' own behalf and on behalf of and as representing all the other members of The Australian Building Construction Employees' and Builders Labourers' Federation ("the BLF") sought an order pursuant to s.143(1) of the Conciliation and Arbitration Act 1904 ("the Act") cancelling the registration under the Act of the respondent, The Master Builders Association of Victoria ()"the MBAV"). The statement of claim alleged that Mr. Dobinson was the Federal President of the BLF and brought the application on his own behalf and on behalf of and as representing all the other members of the BLF. On 11 June 1986, apparently with a view to avoiding the operation of the Canceilation of Registration Act and the Consequential Provisions Act, Mr. Dobinson amended his statement of claim, pursuant to 0.13 r.3(1), to limit the representative capacity in which he sued to members of the BLF as at 14 February 1986. The statement of claim alleged that the MBAV had engaged in conduct that prevented or hindered the achievement of objects of the Act (para.5). The conduct alleged was specified as follows: "6. The conduct referred to in paragraph 5 consisted of directions by one John Glasson and other persons for and on behalf of the Respondent requiring various employers in the building industry and various members of the Respondent: wo me Se vee oe eee he ete arp ' .o8 toe (a) to terminate the employment of employees who were members of the Federation; (b) not to employ or reinstate in employment any employees who were members of the Federation; for the reason that: (i) those employees were members of the Federation; and (ii) the Pederation had not agreed to demands made on it by the Respondent. 7. In the month of February, 1986 and thereafter a substantial number of the members of the Respondent have engaged in conduct that prevented or hindered the achievement of objects of the Act. 8. The conduct referred to in paragraph 7 consisted of the members referred to therein: (a) terminating the employment of employees who were members of the Federation; and (b) refusing to employ or reinstate in employment any employees who were members of the Federation, for the reason that: (i) those employees were members of the Federation; and (11) the Federation had not agreed to demands made on it by the Respondent." The statement of claim further alleged that in October 1984 the MBAV entered into an agreement in writing with the BLF entitled "Memorandum of Understanding for the Improvement of Industrial Relations in the Building Industry". It was claimed that the terms of that Memorandum of Understanding were: a wt oe (i) to implement a superannuation scheme to cover employees employed under various awards of the Australian Conciliation and Arbitration Commission amongst which awards are awards to which both the BLF and the MBAV were respondents; (ii) to introduce a safety code specified in that agreement; and (iii) to take all reasonable steps to ensure that employees are to be and remain financial members of a relevant union while employed on a building or construction site. The statement of claim alleged that a substantial number of the members of the MBAV had breached the Memorandum of Understanding. By its Notice of Motion filed on 21 May 1986, the MBAV now moves the Court for an order that these proceedings he dismissed or, alternatively, permanently stayed. In my opinion, the proceedings should be dismissed. For the reasons given in the New South Wales proceedings, it seems to me that the present proceedings are prohibited, by implication, by the provisions of the Cancellation of Registration Act and the Consequential Provisions Act. Alternatively, in my view, Mr. Dobinson, in his own capacity and in his representative capacity, has no "genuine" interest in these proceedings. He is merely a nominee for the BLF. In those circumstances, I am of the opinion that Mr. Dobinson lacks standing to sue under s.143(1) of the Act. wie gree fa uy. n Soop em oe I would dismiss the proceedings. I certify that, this and the preceding ut (¥) pages are a true copy of the Reasons for Judgment herein of his Honour Mr. vustise Beaumont. Jbl 1+ RUB Associate Dated: // NMevember /986 -, 2uG wees " he ' an it Soweto ees