Re Building Workers' Industrial Union; Ex parte Gallagher

The case of *Re Building Workers' Industrial Union; Ex parte Gallagher* involved an application for a writ of prohibition brought by Mr. Gallagher against the Building Workers' Industrial Union of Australia (BWIA) and its federal secretary, Mr. R. J. Gallagher. The application sought to prevent the BWIA from proceeding with a proposed amalgamation with the Amalgamated Metal Workers' Union (AMWU). The core of the dispute concerned the validity of certain resolutions passed by the BWIA's federal council authorising the amalgamation, and whether these resolutions complied with the requirements of the union's rules and the relevant industrial legislation.

The High Court was required to determine whether the resolutions purporting to approve the amalgamation were validly passed, and consequently, whether the BWIA was entitled to proceed with the amalgamation. Specifically, the court considered whether the federal council had the power to pass such resolutions, whether the procedures followed in passing them were in accordance with the union's rules, and whether the proposed amalgamation itself was lawful under the relevant provisions of the *Conciliation and Arbitration Act 1904* (Cth).

The court's reasoning focused on the interpretation of the BWIA's rules regarding the powers of its federal council and the procedures for amalgamation. It was held that the federal council, as constituted and acting under the union's rules, did not have the authority to approve an amalgamation in the manner attempted. The court found that the resolutions were invalid because they did not comply with the specific requirements for altering the rules of the union, which included provisions for a ballot of members. The principle applied was that a registered organisation must act strictly in accordance with its registered rules, and any deviation from these rules, particularly in matters of fundamental importance such as amalgamation, would render the purported action invalid.

Consequently, the High Court made absolute the order nisi for a writ of prohibition, restraining the BWIA and its federal secretary from taking any further steps to effect the proposed amalgamation.