Co-operative Bulk Handling Ltd v The Waterside Workers Union of Australia & the Australian Workers Union West Australian Branch Industrial Union of Workers [1980] FCA 206

Co-operative Bulk Handling Ltd v The Waterside Workers Union of Australia & the Australian Workers Union West Australian Branch Industrial Union of Workers [1980] FCA 206

The work performed by CBH employees at the Kwinana terminal, including receival, storage, handling, treatment, and movement of grain for shipment, is sufficiently connected with the loading of ships to be described as the occupation of a waterside worker and thus entitles those employees to membership in the Waterside Workers Federation of Australia.

Parties
Applicant: Co-operative Bulk Handling Limited; First Respondent: The Waterside Workers Federation of Australia; Second Respondent: The Australian Workers Union West Australian Branch Industrial Union of Workers
Jurisdiction
Australia
Judgment Date
19 May 1980
Procedural Posture
Application for Declaration / Judgment
Outcome
Declarations sought refused
Legal Topics
Union Membership Eligibility, Interpretation of Union Rules, Definition of Waterside Worker, Stevedoring Industry
Industrial Law Union Membership Eligibility Interpretation of Union Rules Definition of Waterside Worker Stevedoring Industry

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Parties

Co-operative Bulk Handling Limited

Applicant

The Waterside Workers Federation of Australia

First Respondent

The Australian Workers Union West Australian Branch Industrial Union of Workers

Second Respondent

Procedural Posture

Application for Declaration / Judgment

Legal Issues

  1. 1 Entitlement of certain employees to membership of the Waterside Workers Federation of Australia
  2. 2 Proper interpretation of the Waterside Workers Federation rules
  3. 3 Nature of stevedoring industry and waterside worker occupation

Ratio Decidendi

The work performed by CBH employees at the Kwinana terminal, including receival, storage, handling, treatment, and movement of grain for shipment, is sufficiently connected with the loading of ships to be described as the occupation of a waterside worker and thus entitles those employees to membership in the Waterside Workers Federation of Australia.

Court Disposition

Declarations sought refused