Allen, Francis & Anor v Sideris & Ors [1984] FCA 252

Allen, Francis & Anor v Sideris & Ors [1984] FCA 252

The State Union is not a person under an obligation to perform or observe the rules of the BWIU within the meaning of s.141 of the Conciliation and Arbitration Act 1904 and therefore cannot be made subject to orders under that section. The property in question is held by the State Union and not in trust for the branch. The applicants are entitled to recognition as branch officers but not to the property or wider orders sought.

Parties
Applicant: Francis Allen; Applicant: Leslie Alan Semple Park; First Respondent: Peter George Sideris; First Respondent: Thomas Horatio Henderson; First Respondent: Kenneth Vincent Hall; First Respondent: John Paddy French; First Respondent: N.G. Parker; First Respondent: Bill Ethell; Second Respondent: The Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers (State Union); First Respondent (in WA 3 of 1984)/intervener: The Building Workers Industrial Union of Australia (BWIU); Third Respondent: Patrick Martin Clancy; Third Respondent: Ernest Boatswain; Third Respondent: Thomas McDonald; Third Respondent: Arnold Currie; Third Respondent: Hugh Hamilton; Third Respondent: Ben Carslake; Third Respondent: Rod Driver; Third Respondent: Alfred Zeeno; Fourth Respondent: R. Marchant; Fourth Respondent: G. Ferguson; Fourth Respondent: T. Morrison; Fourth Respondent: W. Gables; Fourth Respondent: L. Strutzenberger; Fourth Respondent: J. Pincirin; Fourth Respondent: I. Smith; Fourth Respondent: M. O'Leary; Fourth Respondent: J. Taylor; Fourth Respondent: D. Eisenhammer
Jurisdiction
Australia
Judgment Date
24 August 1984
Procedural Posture
Applications for Performance or Observance of Union Rules (rules Nisi Under Conciliation and Arbitration Act 1904) / Final Judgment on Substantive Applications
Outcome
Application against State Union and for property relief dismissed; application for recognition as branch officers granted in part; rules nisi discharged as specified.
Legal Topics
Federal and State Union Relationships, Performance of Union Rules, Standing to Enforce Union Rules, Trusts Over Union Property, Jurisdiction of Federal Court in Industrial Matters
Industrial Law Federal and State Union Relationships Performance of Union Rules Standing to Enforce Union Rules Trusts Over Union Property Jurisdiction of Federal Court in Industrial Matters

Case Brief

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Parties

Francis Allen

Applicant

Leslie Alan Semple Park

Applicant

Peter George Sideris

First Respondent

Thomas Horatio Henderson

First Respondent

Kenneth Vincent Hall

First Respondent

John Paddy French

First Respondent

N.G. Parker

First Respondent

Bill Ethell

First Respondent

The Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers (State Union)

Second Respondent

The Building Workers Industrial Union of Australia (BWIU)

First Respondent (in WA 3 of 1984)/intervener

Patrick Martin Clancy

Third Respondent

Ernest Boatswain

Third Respondent

Thomas McDonald

Third Respondent

Arnold Currie

Third Respondent

Hugh Hamilton

Third Respondent

Ben Carslake

Third Respondent

Rod Driver

Third Respondent

Alfred Zeeno

Third Respondent

R. Marchant

Fourth Respondent

G. Ferguson

Fourth Respondent

T. Morrison

Fourth Respondent

W. Gables

Fourth Respondent

L. Strutzenberger

Fourth Respondent

J. Pincirin

Fourth Respondent

I. Smith

Fourth Respondent

M. O'Leary

Fourth Respondent

J. Taylor

Fourth Respondent

D. Eisenhammer

Fourth Respondent

Procedural Posture

Applications for Performance or Observance of Union Rules (rules Nisi Under Conciliation and Arbitration Act 1904) / Final Judgment on Substantive Applications

Legal Issues

  1. 1 Whether the State Union is obliged to perform or observe the rules of the BWIU (federal organization)
  2. 2 Whether the State Union holds property on trust for the federal branch
  3. 3 Whether there exists a Western Australian branch of the BWIU and its identity

Ratio Decidendi

The State Union is not a person under an obligation to perform or observe the rules of the BWIU within the meaning of s.141 of the Conciliation and Arbitration Act 1904 and therefore cannot be made subject to orders under that section. The property in question is held by the State Union and not in trust for the branch. The applicants are entitled to recognition as branch officers but not to the property or wider orders sought.

Court Disposition

Application against State Union and for property relief dismissed; application for recognition as branch officers granted in part; rules nisi discharged as specified.

Orders

  • The injunction granted against the first respondent on 6 December 1983 as extended and varied on 8 December 1983 be discharged.
  • The rule nisi granted on 6 December 1983 be discharged and the application dismissed.