FAIRBRASS V. STEVEDORING INDUSTRY COMMISSION

FAIRBRASS

ve

STEVEDORING INDUSTRY COMMISSTON.

Qral_Judgment delivered Monday - 15/9/47.

FAIRBRASS Ve STEVEDORING INDUSTRY COMMISSION.

WILLIAMS, J.

This is a summons for an interlocutory injunction in which the Plaintiff asks, under the summons ss amended, for orders that the Defendant, the Stevedoring Industry Commission, be restrained, and that an injunction be granted restraining it from making any order or orders providing that payment to waterside workers at the Port of Fremantle who attend for work on any day and are not employed on that day be limited to waterside workers who are members of the Waterside Workers' Federation of Australia or are members of the Permanent and Casual Wharf Labourers' Union of Australia; or any orders having the effect of Limiting employment at the said port to waterside workers who are members of the Waterside Workers! Federation of Australia; or an order or orders which have the effect of classifying the Plaintiff as a member of the registered reserve or of the Waterside Workers! reserve.

The Plaintiff's claim in the main is based upon certain alleged rights which accrue to him as a registered waterside worker under Regulation 64(b) of the National Security (Shipping Co- ordination) Regulations. This regulation is one of the regulations comtained in Part 5 of these regulations, and Part 5 is the part which constitutes and regulates the functions of the Stevedoring Industry Commission, one of the Defendants. Regulations 62 and 63 of these regulations provide that the Commission shall have power to malke such orders, give such directions and do all such other things as it thinks fit for carrying out the objects of this part, and also that, notwithstanding anything contained in any other law, but subject to the next succeeding sub-reguiation, the terms and conditions of employment for waterside work and any stevedoring operations shall be such as the Commission by order determines.