Co-existing Registration and Factionalism in Australian Industrial Unions

Abstract

Few studies, if any, have sought to examine the problem of co-existing federal and state registration of Australian industrial unions within a broader industrial relations perspective, and more specifically within the context of factionalism. This article seeks to rectify this deficiency. It shows how union factions use the federal system and the legal uncertainties surrounding the notion of corporateness as weapons in their intra-union battles. The first section of the article examines briefly the legal dimension of co-existing registration and the leading decisions of Jumbunna Coal Mines v. Victorian Coal Miners Association, Williams v. Hursey and Moore v. Doyle. The second analyzes more recent cases in the context of factionalism. The third reviews three Federal Court judgments to illustrate the current state of judicial thinking on the issues of corporateness and the interaction of federal and state registration provisions. The final section critically reviews legislative 'solutions' to the problem.