Australian Timber Workers' Union Claimant; and John Sharp and Sons Limited

The Australian Timber Workers' Union instituted proceedings in the Commonwealth Court of Conciliation and Arbitration against John Sharp & Sons Limited and numerous other respondents, alleging an industrial dispute extending beyond the limits of one State. The Union's rules encompassed a broad range of workers in the timber and woodworking industries. An application was made to the High Court for a determination on whether the alleged dispute, or any part of it, existed or was threatened, impending, or probable as an industrial dispute extending beyond a single State.

The central legal issue before the court was whether an industrial dispute, as defined by the Commonwealth Conciliation and Arbitration Act 1904-1915, could exist or be probable between an employee organization and an employer, even in circumstances where no members of that organization were currently employed by the respondent. This question arose particularly in relation to respondents who employed workers performing the same type of work as the Union's members, but none of those employees were at the time members of the Union.

Higgins J. applied his prior decision in *Australian Workers' Union v. Pastoralists' Federal Council*, which held that an industrial dispute can exist or be probable between a union and an employer even if the employer does not currently employ any members of that union. The reasoning was that a dispute may exist if members of the union would likely seek employment with the respondent, thereby creating a probable dispute. The court followed this precedent, notwithstanding the respondents' initial request to state a case to the full High Court, which was subsequently withdrawn.