Waterside Workers' Federation of Australia v Burgess Brothers Limited [1916] HCA 2

'Gls Freight

Woes"

v

Brest

21 C.L.R.] OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA.]

THE WATERSIDE WORKERS' pam APPELLANTS ;

TION OF AUSTRALIA . DEFENDANTS,

AND BURGESS BROTHERS LIMITED . 2 . RESPONDENTS.

PLAINTIFFs,

ON APPFAL FROM THE SUPREME COURT OF TASMANIA.

Principal and Agent—Organization registered under the Commonwealth Conciliation H.C. oF A.

and Arbitration Act—Responsibility for acts of branch of organization—Con- struction of rules—Act in nature of strike—Conspiracy—Combination.

1916. C= Hozarr,

The rules of an organization of employees registered under the Common: roy 14, 16,

wealth Conciliation and Arbitration Act assumed the existence, but did not make any provision for the establishment, of branches of the organization throughout the Commonwealth. They provided that members of the organ- ization might be enrolled in any branch, and that each branch might make rules applicable to itself only, supplementary to but not inconsistent with the rules of the organization, The government of the organization was vested in a committee of management composed of delegates from the branches. Rule 16 provided that '' every branch may conduct its local business and settle its own disputes without interference from the organization," that 'any branch desiring the assistance of the organization shall lay the matter in dispute before the committee of management, which shall determine the course of action to be pursued," and that a branch seeking such assistance should do so unreservedly, abstain from action pending consideration, and abide by the decision of the committee of management when given.

Held, that, in the absence of express authority and of any ratification, the organization was not liable for acts in the nature of astrike done by a branch

without the knowledge of the governing body of the organization.