Allen, Francis & Anor v The Building Workers Industrial Union of Australia & Ors [1984] FCA 49

Allen, Francis & Anor v The Building Workers Industrial Union of Australia & Ors [1984] FCA 49

Interlocutory relief was refused because, even though there were serious questions to be tried and damages were not an adequate remedy, the balance of convenience favoured maintaining the existing position. Since 1963 the State union had operated as the Western Australian branch, its registered rules and the Federal Branch rules described it in that way, and members and employers had dealt with it as the Branch; interim injunctions would likely cause confusion and disrupt services, whereas refusal left the applicants under an existing but not aggravated handicap pending final hearing.

Jurisdiction
Australia
Judgment Date
12 March 1984
Procedural Posture
Application Under S.141 of the Conciliation and Arbitration Act 1904 for Interlocutory Injunctions / Interlocutory Relief
Outcome
The application for interlocutory relief is refused.
Legal Topics
['performance or Observance of Organisation Rules' 'status of State Registered Union as Branch of Federal Organisation' 'interlocutory Injunctions' 'balance of Convenience' 'judiciary Act Notice for Constitutional Matters']
['industrial Law' 'trade Unions' 'federal Jurisdiction' 'civil Procedure'] ['performance or Observance of Organisation Rules' 'status of State Registered Union as Branch of Federal Organisation' 'interlocutory Injunctions' 'balance of Convenience' 'judiciary Act Notice for Constitutional Matters']

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Procedural Posture

Application Under S.141 of the Conciliation and Arbitration Act 1904 for Interlocutory Injunctions / Interlocutory Relief

Legal Issues

  1. 1 ['Whether interlocutory injunctions should restrain the respondents from holding out the State union as the Western Australian Branch of the BWIU and from using or authorising use of the words "Building Workers Industrial Union" or letters "BWIU".' 'Whether orders under s.141 of the Conciliation and Arbitration Act 1904 may be made against the BWIU or the State union, as distinct from persons under an obligation to perform or observe organisation rules.' 'Whether the Federal Court had jurisdiction, including accrued jurisdiction, to grant relief against a State registered union.' 'Whether the balance of convenience favoured granting interim relief pending determination of the substantive questions.']

Ratio Decidendi

Interlocutory relief was refused because, even though there were serious questions to be tried and damages were not an adequate remedy, the balance of convenience favoured maintaining the existing position. Since 1963 the State union had operated as the Western Australian branch, its registered rules and the Federal Branch rules described it in that way, and members and employers had dealt with it as the Branch; interim injunctions would likely cause confusion and disrupt services, whereas refusal left the applicants under an existing but not aggravated handicap pending final hearing.

Court Disposition

The application for interlocutory relief is refused.

Orders

  • ['The application for interlocutory relief is refused.']