Co-operative Bulk Handling Ltd v. The Australian Workers Union Western Australia Branch Industrial Union of Workers & Waterside Workers Federation of Australia [1980] FCA 163

Co-operative Bulk Handling Ltd v. The Australian Workers Union Western Australia Branch Industrial Union of Workers & Waterside Workers Federation of Australia [1980] FCA 163

The term 'waterside worker' in the Federation's eligibility rule (Rule 6) is to be given its current industrial meaning and includes persons engaged in loading cargo into ships and related prior handling, treating, and storing to facilitate shipping, even where the work occurs at some distance from the wharf. The employees of Co-operative Bulk Handling Ltd. are eligible for membership on this basis.

Parties
Appellant (applicant); Respondent (applicant): Co-operative Bulk Handling Ltd.; Respondent (respondent); Appellant (respondent): The Australian Workers' Union West Australian Branch Industrial Union of Workers; Respondent (respondent): Waterside Workers Federation of Australia
Jurisdiction
Australia
Judgment Date
19 November 1980
Procedural Posture
Appeal / On Appeal From the Federal Court of Australia
Outcome
Both appeals dismissed.
Legal Topics
Eligibility for Union Membership, Interpretation of Union Rules, Definition of 'waterside Worker', Use of Industrial Meaning and Awards in Construction
Industrial Law Eligibility for Union Membership Interpretation of Union Rules Definition of 'waterside Worker' Use of Industrial Meaning and Awards in Construction

Case Brief

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Parties

Co-operative Bulk Handling Ltd.

Appellant (applicant); Respondent (applicant)

The Australian Workers' Union West Australian Branch Industrial Union of Workers

Respondent (respondent); Appellant (respondent)

Waterside Workers Federation of Australia

Respondent (respondent)

Procedural Posture

Appeal / On Appeal From the Federal Court of Australia

Legal Issues

  1. 1 What are the conditions of eligibility for membership of the Waterside Workers Federation of Australia?
  2. 2 Whether persons employed by Co-operative Bulk Handling Ltd. at Kwinana and North Fremantle are entitled to be admitted as and remain members of the Federation under its rules

Ratio Decidendi

The term 'waterside worker' in the Federation's eligibility rule (Rule 6) is to be given its current industrial meaning and includes persons engaged in loading cargo into ships and related prior handling, treating, and storing to facilitate shipping, even where the work occurs at some distance from the wharf. The employees of Co-operative Bulk Handling Ltd. are eligible for membership on this basis.

Court Disposition

Both appeals dismissed.

Orders

  • The appeal by Co-operative Bulk Handling Ltd. is dismissed.
  • The appeal by The Australian Workers' Union West Australian Branch Industrial Union of Workers is dismissed.