CSBP Limited v Construction, Forestry, Mining and Energy Union [2011] FCA 917

FEDERAL COURT OF AUSTRALIA

CSBP Limited v Construction, Forestry, Mining and Energy Union [2011] FCA 917 Citation: CSBP Limited v Construction, Forestry, Mining and Energy Union [2011] FCA 917

Parties: CSBP LIMITED ACN 008 668 371 v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

File number: WAD 220 of 2010

Judge: MCKERRACHER J

Date of judgment: 12 August 2011

Catchwords: INDUSTRIAL LAW – Fair Work (Registered Organisations) Act 2009 (Cth), s 167 – declaratory relief – Registered rules – construction of registered union rules – interpretation of registered union rules – construction of eligibility for membership rule – approach to determining the eligibility for membership of registered organisation – consideration of the 'primary purpose test' – interpretation of the eligibility for membership rule – consideration of activities of employees in the course of their employment – relationship between eligibility for membership and description of industry rules – whether Process Technicians are eligible to be members – ordinary meaning of 'engine', 'machinery', 'machine' and 'attendant' – scope of the words 'any other workers', 'work incidental to' and 'production and utilisation of power' – whether Process Technicians are 'any other workers assisting in and about the work incidental to any engine, boiler or machinery connected with the production or utilisation of power on land' – declaration of entitlement to represent the industrial interests of persons – enterprise agreement

Legislation: Fair Work Act 2009 (Cth) s 570 Fair Work (Registered Organisations) Act 2009 (Cth) ss 19, 141, 142, 157, 166(1), 167

Cases cited: Electrical Trades Union of Australia v Waterside Workers Federation of Australia [No 2] (1982) 59 FLR 78 Federated Engine Drivers' & Firemen's Association of Australasia v Master Builders Association of Western Australia (1983) 291 CAR 530 Federated Engine Drivers & Firemen's Union (WA) v Mt Newman Mining Co Pty Ltd (1977) 57 WAIG 794 Food Preservers Union of Australia v Manufacturing Grocers Employees Federation of Australia (1986) 29 IR 243 Federated Tobacco Workers Union of Australia v Amalgamated Metal Workers Union (1988) 29 IR 263 Joyce v Christoffersen (1990) 26 FCR 261 R v Cohen; Ex parte Motor Accidents Insurance Board (1979) 141 CLR 577 R v Gough; Ex parte Municipal Officers' Association (1975) 133 CLR 59 R v Isaac; Ex parte Transport Workers Union of Australia (1985) 159 CLR 323 R v McKenzie; Ex Parte Actors and Announcers Equity (1982) 148 CLR 573 Re Abbot Point Bulkcoal Pty Ltd (1992) 5 CAR 278 Re Coldham; Ex Parte Australian Workers' Union (1984) 56 ALR 149 Re Pavlic; Ex parte Federation of Industrial, Manufacturing & Engineering Employees (1993) 51 IR 31 Sydney Coal Lumpers Union v Federated Engine Drivers & Firemen's Association of Australasia (NSW) (1991) 38 IR 265