Aper, in the Matter of the Conciliation and Arbitration Act 1904 [1978] FCA 91

Aper, in the Matter of the Conciliation and Arbitration Act 1904 [1978] FCA 91

A self-employed person is not eligible for a certificate under s.144A(1) unless also qualified and seeking employment as an employee; a valid conscientious belief under s.144A(1) must be against membership in all associations of the type described in s.132(1); 'associations' has the defined meaning in the Act.

Parties
Referring Party: Industrial Registrar; Intervenor: Attorney-General (Commonwealth); Intervenor: Australian Council of Trade Unions; Intervenor: Roger Shepley Williams and Francis Robert Heaney (Exclusive/Plymouth Brethren); Intervenor: Confederation of Australian Industry; Intervenor: Master Builders' Association (NSW/Vic/Qld/Tas/SA); Intervenor: Master Builders' Association (ACT); Intervenor: Building Workers' Industrial Union of Australia; Intervenor: Operative Painters' and Decorators' Union; Intervenor: Amalgamated Society of Carpenters and Joiners; Applicant for Certificate: Mr. Aper
Jurisdiction
Australia
Judgment Date
02 November 1978
Procedural Posture
Reference of Questions of Law / Questions of Law Referred by the Industrial Registrar for the Opinion of the Court
Outcome
Questions of law answered as set out by the Court
Legal Topics
Conscientious Objection to Union Membership, Preferential Employment, Meaning of 'association' in Industrial Legislation
Industrial Law Conscientious Objection to Union Membership Preferential Employment Meaning of 'association' in Industrial Legislation

Case Brief

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Parties

Industrial Registrar

Referring Party

Attorney-General (Commonwealth)

Intervenor

Australian Council of Trade Unions

Intervenor

Roger Shepley Williams and Francis Robert Heaney (Exclusive/Plymouth Brethren)

Intervenor

Confederation of Australian Industry

Intervenor

Master Builders' Association (NSW/Vic/Qld/Tas/SA)

Intervenor

Master Builders' Association (ACT)

Intervenor

Building Workers' Industrial Union of Australia

Intervenor

Operative Painters' and Decorators' Union

Intervenor

Amalgamated Society of Carpenters and Joiners

Intervenor

Mr. Aper

Applicant for Certificate

Procedural Posture

Reference of Questions of Law / Questions of Law Referred by the Industrial Registrar for the Opinion of the Court

Legal Issues

  1. 1 Whether a self-employed person who satisfies the Registrar about conscientious beliefs can be issued with a certificate under s.144A(1)
  2. 2 Whether s.144A(1) requires conscientious beliefs against being a member of all associations described in s.132(1)
  3. 3 Meaning of 'associations' in s.144A(1)

Ratio Decidendi

A self-employed person is not eligible for a certificate under s.144A(1) unless also qualified and seeking employment as an employee; a valid conscientious belief under s.144A(1) must be against membership in all associations of the type described in s.132(1); 'associations' has the defined meaning in the Act.

Court Disposition

Questions of law answered as set out by the Court

Orders

  • 1. Question 1: No.
  • 2. (a) The sub-section requires that an applicant person's conscientious beliefs do not allow that person to be a member of all associations described in sub-section 132(1).