Lawrence, Raymond v Australian Workers Union [1983] FCA 422

Lawrence, Raymond v Australian Workers Union [1983] FCA 422

Rule 123 of the respondent's rules, being absolute and therefore prohibiting what roping-in awards permit, contravenes s.140(1) of the Conciliation and Arbitration Act 1904 and is void from the date of the order. No permanent injunction is available; the declaration renders nugatory any effort to recover the fine imposed on the applicant.

Parties
Applicant: Raymond Lawrence; Respondent: The Australian Workers' Union
Jurisdiction
Australia
Judgment Date
18 February 1983
Procedural Posture
Application Under Conciliation and Arbitration Act 1904, S.140 / Reasons for Judgment Following Return of a Rule Nisi
Outcome
Partially in favour of applicant; rule 123 declared invalid
Legal Topics
Validity of Union Rules, Conflict Between Union Rules and Award Provisions, Fines Imposed by Union, Jurisdiction of the Federal Court Under S.140
Industrial Law Union Law Validity of Union Rules Conflict Between Union Rules and Award Provisions Fines Imposed by Union Jurisdiction of the Federal Court Under S.140

Case Brief

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Parties

Raymond Lawrence

Applicant

The Australian Workers' Union

Respondent

Procedural Posture

Application Under Conciliation and Arbitration Act 1904, S.140 / Reasons for Judgment Following Return of a Rule Nisi

Legal Issues

  1. 1 Whether rule 123 of the Australian Workers' Union is invalid under s.140(1) of the Conciliation and Arbitration Act 1904
  2. 2 Whether the rule is contrary to the Act or an award
  3. 3 Whether the union can enforce fines under a rule found invalid

Ratio Decidendi

Rule 123 of the respondent's rules, being absolute and therefore prohibiting what roping-in awards permit, contravenes s.140(1) of the Conciliation and Arbitration Act 1904 and is void from the date of the order. No permanent injunction is available; the declaration renders nugatory any effort to recover the fine imposed on the applicant.

Court Disposition

Partially in favour of applicant; rule 123 declared invalid

Orders

  • Rule 123 of the respondent's rules contravenes s.140(1) of the Conciliation and Arbitration Act 1904 and is declared void from the date of the order.
  • No permanent injunction granted to restrain enforcement of fines.