Australian Workers' Union v Bowen (No 2)

The case of *Australian Workers' Union v Bowen (No 2)* concerned an appeal to the High Court of Australia from a decision of the Commonwealth Court of Conciliation and Arbitration. The applicants, who were members of the Australian Workers' Union (AWU), sought to restrain the union and its executive council from proceeding with their expulsion from the union. The grounds for their application included allegations of mala fide expulsion, arbitrary dismissal of appeals, and denial of natural justice.

The legal issues before the High Court were whether the expulsion proceedings conducted by the AWU's Executive Council were valid, and whether the principles of natural justice and bona fides had been observed. Specifically, the court had to consider whether the participation of the union's General Secretary, who had acted as a prosecutor of the charges, in the deliberations of the Executive Council vitiated the expulsion decision. The court also had to determine the effect of a subsequent appeal to the union's annual convention on the validity of the expulsion.

A majority of the High Court (Rich, Starke, and Dixon JJ.) held that the General Secretary's dual role as prosecutor and member of the tribunal demonstrated an invincible bias, thereby vitiating the proceedings and rendering the expulsion invalid according to the principles of natural justice. However, Latham C.J. and Williams J. dissented, with Latham C.J. arguing that the case was not fought on the issue of bias and Williams J. suggesting that the rules inherently made all council members prosecutors and judges. Crucially, the court also considered the appeal to the annual convention. A majority of the High Court (Latham C.J., Rich, Starke, and Dixon JJ.) found that the convention, having the ultimate authority over expulsions, had confirmed the expulsions. As no grounds were shown to treat the convention's decision as void, it provided fresh authority to the expulsions, and the expelled members could no longer complain about the initial council decision violating natural justice.