Co-Operative Bulk Handling Ltd v The Waterside Workers Federation of Australian Workers Union Western Australia Branch Industral Union Of Workers [1980] FCA 69

Co-Operative Bulk Handling Ltd v The Waterside Workers Federation of Australian Workers Union Western Australia Branch Industral Union Of Workers [1980] FCA 69

The Kwinana storage facilities, jetty and wharf formed the Kwinana Grain Terminal, and the storage facilities were adjacent to and in the vicinity of the jetty and wharf. The receival, storage, treatment, movement and loading of grain destined for shipment had a sufficiently close geographical and functional connection with loading ships to be work of a waterside worker and work in the stevedoring industry under the WWF rules. Because the employees were already working in the stevedoring industry, Rule 6(e) displaced the age requirements. North Fremantle employees retained WWF membership from the time the terminal formed part of a shipping operation until Rule 7 operated. The declarations...

Jurisdiction
Australia
Judgment Date
22 May 1980
Procedural Posture
Application Under S.144 of the Conciliation and Arbitration Act 1904 for a Declaration as to Entitlement to Become and Remain Members of an Organisation / Reasons for Judgment
Outcome
Application refused; declarations sought by the applicant were refused.
Legal Topics
['union Membership Eligibility' 'constitutional Coverage of an Organisation' 'waterside Worker' 'stevedoring Industry' 'grain Handling and Ship Loading' 'meaning of Adjacent to a Wharf']
['industrial Law' 'conciliation and Arbitration'] ['union Membership Eligibility' 'constitutional Coverage of an Organisation' 'waterside Worker' 'stevedoring Industry' 'grain Handling and Ship Loading' 'meaning of Adjacent to a Wharf']

Case Brief

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Procedural Posture

Application Under S.144 of the Conciliation and Arbitration Act 1904 for a Declaration as to Entitlement to Become and Remain Members of an Organisation / Reasons for Judgment

Legal Issues

  1. 1 ['Whether CBH employees at the Kwinana and North Fremantle terminals were entitled to become and remain members of The Waterside Workers Federation of Australia.' 'Whether work involving receipt, storage, treatment, movement and loading of grain at Kwinana was work of a waterside worker or engagement in the stevedoring industry under the WWF rules.' 'Whether the Kwinana storage facilities were adjacent to or in the vicinity of the jetty and wharf despite the distance between them.' 'Whether employees at North Fremantle retained WWF membership after that terminal ceased to be used for shipping.' 'Whether WWF Rule 6 age requirements applied to employees already working in the stevedoring industry.']

Ratio Decidendi

The Kwinana storage facilities, jetty and wharf formed the Kwinana Grain Terminal, and the storage facilities were adjacent to and in the vicinity of the jetty and wharf. The receival, storage, treatment, movement and loading of grain destined for shipment had a sufficiently close geographical and functional connection with loading ships to be work of a waterside worker and work in the stevedoring industry under the WWF rules. Because the employees were already working in the stevedoring industry, Rule 6(e) displaced the age requirements. North Fremantle employees retained WWF membership from the time the terminal formed part of a shipping operation until Rule 7 operated. The declarations...

Court Disposition

Application refused; declarations sought by the applicant were refused.

Orders

  • ['The declarations sought in the application are refused.']