Re Coldham; Ex parte Brideson [1989] HCA 2

High Court of Australia Wilson, Deane and Gaudron JJ. Re Coldham; Ex parte Brideson [1986] HCA 10

ORDER Order that a writ of mandamus issue to the Honourable Mr. Justice Peter Abernethy Coldham, Mr. Deputy President Keith Jackson Hancock and Mr. Commissioner Gregory Smith constituting the Australian Conciliation and Arbitration Commission directing them to proceed to deal in accordance with law with the applications for leave to appeal from the decision of the Industrial Registrar in matter number R 222 of 1983 allowing the registration of the Teachers' Association of Australia as an organization of employees under the Conciliation and Arbitration Act 1904 Cth. Order nisi for a writ of certiorari made absolute. Order nisi for a writ of mandamus directed to the Industrial Registrar discharged.

Cur. adv. vult.

The Court delivered the following written judgment:—

1989, Feb. 7 Wilson, Deane and Gaudron JJ.

This matter arises out of an application for the registration of the Teachers' Association of Australia ("T.A.A.") as an organization of employees pursuant to s. 132 of the Conciliation and Arbitration Act 1904 Cth ("the Act"). Membership of T.A.A. is available to teachers employed in government and non-government schools throughout Australia. In September 1986, when the application for registration under the Act was heard, T.A.A. had approximately 1,000 members, most of whom were employed in Victoria.

At the time of application for registration (3 November 1983) there was no registered organization of employees, membership of which was generally available to teachers. Nor was there any then pending application for registration of an association representing the industrial interests of teachers. However, two such applications were lodged shortly thereafter. On 7 February 1984, application was made for the registration of the Independent Teachers Federation ("I.T.F.") whose membership is, in general terms, restricted to teachers employed in non-government schools. On 13 February 1984, application was made for the registration of the Australian Teachers' Union ("A.T.U.") whose membership is, again in general terms, restricted to teachers in government schools.