Spencer, William Alfred v The Australian Workers Union [1983] FCA 22

Spencer, William Alfred v The Australian Workers Union [1983] FCA 22

Rule 123 was absolute in prohibiting members from using broad gauge combs. Although cl.32 of the Pastoral Industry Award 1965 also prohibited wide combs, the relevant roping-in awards excluded cl.32, so in circumstances governed by those awards there was no award prohibition and the use of wide combs was impliedly permitted. Rule 123 therefore prohibited what the roping-in awards permitted and, being too broad, contravened s.140(1) of the Conciliation and Arbitration Act 1904. The appropriate order was a declaration that the whole rule contravened s.140(1), not a declaration that the rules contravened the subsection in a specified respect. Relief under s.141 and a permanent injunction...

Jurisdiction
Australia
Judgment Date
18 February 1983
Procedural Posture
Application Under Ss.140 and 141 of the Conciliation and Arbitration Act 1904 Concerning Validity of a Union Rule / Return of a Rule Nisi
Outcome
Application succeeded in part. The Court declared that rule 123 of the respondent's rules contravened s.140(1) of the Conciliation and Arbitration Act 1904; no other formal order was made, and no permanent injunction was granted.
Legal Topics
['validity of Union Rules' 'use of Wide Combs in the Shearing Industry' 'conflict Between Union Rules and Awards' 'interlocutory and Permanent Injunctions' 'federal Court Powers']
['industrial Law' 'conciliation and Arbitration' 'trade Union Rules'] ['validity of Union Rules' 'use of Wide Combs in the Shearing Industry' 'conflict Between Union Rules and Awards' 'interlocutory and Permanent Injunctions' 'federal Court Powers']

Case Brief

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Procedural Posture

Application Under Ss.140 and 141 of the Conciliation and Arbitration Act 1904 Concerning Validity of a Union Rule / Return of a Rule Nisi

Legal Issues

  1. 1 ["Whether rule 123 of the respondent's rules contravened s.140(1) of the Conciliation and Arbitration Act 1904 because it prohibited use of broad gauge or wide combs in circumstances permitted by relevant awards." 'Whether the Court should make an order under s.141 requiring the respondent to treat as null and void the resolution finding a breach of rule 123 and imposing a fine.' "Whether the Court had power to grant interlocutory and permanent injunctions restraining enforcement of the union's decision."]

Ratio Decidendi

Rule 123 was absolute in prohibiting members from using broad gauge combs. Although cl.32 of the Pastoral Industry Award 1965 also prohibited wide combs, the relevant roping-in awards excluded cl.32, so in circumstances governed by those awards there was no award prohibition and the use of wide combs was impliedly permitted. Rule 123 therefore prohibited what the roping-in awards permitted and, being too broad, contravened s.140(1) of the Conciliation and Arbitration Act 1904. The appropriate order was a declaration that the whole rule contravened s.140(1), not a declaration that the rules contravened the subsection in a specified respect. Relief under s.141 and a permanent injunction...

Court Disposition

Application succeeded in part. The Court declared that rule 123 of the respondent's rules contravened s.140(1) of the Conciliation and Arbitration Act 1904; no other formal order was made, and no permanent injunction was granted.

Orders

  • ["Rule 123 of the respondent's rules contravenes s.140(1) of the Conciliation and Arbitration Act 1904."]