Re Alcan Australia Ltd; Federation of Industrial, Manufacturing and Engineering Employees, Ex p [1994] HCA 34

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Re Alcan Australia Ltd; Federation of Industrial, Manufacturing and Engineering Employees, Ex p [1994] HCA 34

ORDER Application refused.

Cur. adv. vult.

The Court delivered the following written judgment:—

Aug. 25 Mason C.J.,Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ.

The Federation of Industrial, Manufacturing and Engineering Employees ("the Federation") is an organization of employees registered under the Industrial Relations Act 1988 Cth ("the Act"). It has members employed in the aluminium industry, including members employed by the respondents to this application.

In 1992, the Federation made two separate demands on the respondents with respect to the deduction of union dues. The demands were rejected and, in due course, the Federation notified the Australian Industrial Relations Commission ("the Commission") of the existence of a dispute. The notification was referred to a Full Bench of the Commission.

It was held by the Full Bench that the Commission was bound to apply the decision of this Court in Reg. v Portus; Ex parte Australia & New Zealand Banking Group Ltd. [1] and that, in consequence, the Federation's demands did not give rise to an industrial dispute as defined in s. 4(1) of the Act. The Federation now applies for mandamus and certiorari.

1. (1972) 127 C.L.R. 353.

The Federation's first demand was that:

An employer shall, at the request of or if authorised by an employee, each pay day deduct from the earnings of the employee an amount equivalent to the pro-rata union dues of the employee and send forthwith without reduction to [the Federation]. The second demand was: that the wages of every employee who elects to be (or becomes eligible now or in the future to be) a member of [the Federation] be increased by an amount equivalent to the prorata union dues of that employee.