Re Federated Storemen and Packers Union of Australia; Ex parte Wooldumpers (Vic) Ltd

The High Court of Australia considered an application for prohibition by Wooldumpers (Vic) Ltd against the Federated Storemen and Packers Union of Australia and its officers. The dispute concerned the validity of certain industrial action taken by the Union, specifically the refusal by its members to handle wool that had been processed by non-union labour. Wooldumpers sought to prevent the Union from continuing this industrial action.

The central legal issue before the Court was whether the Union's actions constituted a contravention of the provisions of the Conciliation and Arbitration Act 1904 (Cth) relating to bans, limitations, or restrictions on the performance of work. Specifically, the Court had to determine if the refusal to handle wool processed by non-union labour fell within the ambit of prohibited conduct under the Act, and if the Union could be held responsible for such actions.

The Court's reasoning focused on the interpretation of the relevant sections of the Conciliation and Arbitration Act. It was held that the Union's organised refusal to handle the wool, even if motivated by a desire to protect the employment of its members, amounted to a ban or restriction on the performance of work. The Court applied the principle that the Act prohibited such conduct regardless of the underlying motives or the perceived fairness of the industrial action. The Court found that the Union had engaged in conduct that contravened the Act.

Consequently, the High Court made absolute the order nisi for prohibition, restraining the Union and its officers from continuing the industrial action.