Result

appellant. The Commission found in favour of the workers (J Babb and others), holding that ASIA's refusal to employ constituted an unfair industrial practice. The Commission ordered that ASIA cease the...

Key principles

• The Commonwealth Conciliation and Arbitration Commission held that the Australian Stevedoring Industry Authority (ASIA) was not entitled to refuse to employ waterside workers who...
• The Commission determined that ASIA's refusal to employ constituted an unfair industrial practice under the Conciliation and Arbitration Act 1904 (Cth), as it discriminated...
• The Commission held that while ASIA had statutory powers to engage and dismiss waterside workers, those powers were subject to the overriding obligation not to engage in unfair...
• The Commission found that the right of workers to organise and act collectively through their union was a protected industrial right, and that employer conduct designed to...

Issues before the court

• Whether ASIA's refusal to employ waterside workers who refused to work with non-union labour constituted an unfair industrial practice under the...