R v Spicer; Ex parte Australian Builders' Labourers' Federation [1957] HCA 81

High Court of Australia Dixon C.J. McTiernan, Williams, Webb, Kitto and Taylor JJ. R v Spicer; Ex parte Australian Builders' Labourers' Federation [1957] HCA 81

ORDER Order nisi made absolute for a writ of prohibition directed to the judges of the Commonwealth Industrial Court restraining further proceedings upon the order to show cause dated 30th May 1957 directed to the Australian Builders' Labourers' Federation.

Cur. adv. vult.

The following written judgments were delivered:—

1957, Nov. 22 Dixon C.J.

The question we are called upon to decide is whether s. 140 of the Conciliation and Arbitration Act 1904-1956 is valid. Section 140 purports to confer upon the Commonwealth Industrial Court power to disallow a rule of an industrial organisation registered under the Act if the rule is in the opinion of that court open to any of certain enumerated objections. The question is raised before us by an order nisi for a writ of prohibition directed to the judges of the Commonwealth Industrial Court and to a member of an organisation who has applied to that court for an order under s. 140 disallowing certain rules of the organisation. The organisation is the Australian Builders' Labourers' Federation, and it was upon that body's application to a judge of this Court that the order nisi for a writ of prohibition was granted.

It is unnecessary fully to state the provisions of those rules of the organisation the disallowance of which is sought at the hands of the Commonwealth Industrial Court. It is enough to say that the complaint against the rules is that they have the effect of requiring the payment of annual subscriptions during the month of December of each year or, if the subscription is paid in half-yearly instalments, during the months of June and December, on pain of loss of all privileges of membership, including of course the right to vote at the election of office bearers. It is said that the offices of the organisation are closed during the last eight days of every December, as are many of the places of employment where members work. For that and other reasons the greater number of members pay their subscriptions after 31st December and are accordingly treated as ineligible to vote.