Transport and Motor Operators' Union of Workers v WA Government Tramways Etc Employees' Union of Workers [1958] HCA 44

High Court of Australia Dixon C.J. Kitto and Menzies JJ. Transport and Motor Operators' Union of Workers v WA Government Tramways Etc Employees' Union of Workers [1958] HCA 44

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

Oct. 16 Dixon C.J., Kitto and Menzies JJ.

By special leave, the Transport and Motor Operators' Union of Workers, Perth, appeals from an order of the Full Court of the Supreme Court of Western Australia refusing to grant a prerogative writ of prohibition addressed to the President of the Court of Arbitration constituted under the Industrial Arbitration Act 1912-1952 W.A..

The prohibition which the appellant had sought was against proceeding to deal with a pending application by the Western Australian Government Tramways, Motor Omnibuses, River Ferries and Fremantle Tramway Employees' Union of Workers, a respondent to this appeal, for an amendment of its rules. The amendment, if made, would change the respondent union's name and composition. Its name would become the Metropolitan State Passenger Transport Industrial Union of Workers, and it would be composed of workers, within the meaning of the Industrial Arbitration Act and not less than fourteen years of age, described as "engaged in the following classes of labour namely:—Motormen, Conductors, Motor Omnibus Drivers, Trolley Bus Drivers, Shed Hands, Trackmen, Storemen, Chainmen, Platelayers, Fettlers, Linesmen, Motor Drivers, Deckhands and others—employed by the General Manager of Western Australian Government Tramways and Ferries or by Metropolitan (Perth) Passenger Transport Trust". The difference between this description and that which it is intended to replace is that the latter, after the words "and others", proceeds "employed by the Manager of the Government Tramways Department or other authority in accordance with any Government Tramways Act or River Ferries Act for the time being in force and of workers employed solely in the Tramways Industry as carried on by the Fremantle Municipal Tramways and Electric Lighting Board as at the seventh May, 1929". The respondent union's desire to make the proposed amendment is a consequence of the disappearance of tramways from Perth and Fremantle and the establishment by the Metropolitan (Perth) Passenger Transport Trust Act 1957 of a statutory trust, as an agency of the Crown in right of the State, to perform functions extending to the provision of passenger transport facilities by vehicular service along routes over streets in the metropolitan area and if necessary by ferry services on ferry service routes in that area. Thus one system of government road transport of passengers in the metropolitan area is superseded by another, and the respondent union, having represented employees in the former system, desires to have its rules so amended that it may represent employees in the new and extended system.