In the matter of the Conciliation and Arbitration Act 1904 and in the matter of an application pursuant to section 171C of the said Act Plumbers and Gasfitters Employees Union of Australia & Ors v Cook, Robert Arthur - [1984] FCA 156

IN THE FEDERAL COURT

OF AUSTRALIA )

INDUSTRIAL	DIVISION	)	NO. V 24 Of	1979
1

VICTORIA

D STRICT

REGISTRY

)

IN THE MATTER of the Conciliation

& Arbltration Act,

1904

AND IN THE MATTER of an Applicatlon pursuant to sectlon 171C of the said Act

BETWEEN :

THE PLUMBERS

AND GASFITTERS EMPLOYEES'

UNION OF AUSTRALIA, G. CRAWFORD,

G.L. SMITH, R. FAIRWEATHER, R. HEVEY

T. BOURKE and

S . MUTTON

Applicants

and

Respondents

ORDER

JUDGE MAKING ORDER: EVATT J.

DATE OF ORDER	15 JUNE 1984
WHERE MADE:	SYDNEY

On the facts before the Court includlng the facts

as determined by the Court

as presently constituted In

matter No. 19 of 1979 (Cook & Ors. v. Crawford & Ors.(1981)

52 F.L.R. l), the Court is

of the opmion that invalldltles

have occurred in the maklng or alteratlon

of the rules of

the Plumbers and Gasfitters Employees' Unlon of Australla

(the organization) and	In the management or administration
of the organization.

Accordlngly, the Court hereby determlnes and declares:

(i) That invalidities have occurred in the maklng or

alteratlons of rr. 6 (3) and ( 4 ) ,

8 ,

13,

1 8 ,

1 9 ,

2 1 ,

Z l A ,

2 2 ,

2 3 ,

2 4 ,

2 5 ,

2 6 ,

2 7 ,

2 9 ,

3 0 ,

31, 3 2 ,

' .

3 3 ,

3 4 ,

35,

3 6 ,

4 2 ,

4 3 ,

4 7 ,

48 ,

48A,

48B,

48C,

51, 5 4 ,

55,

5 6 ,

56A,

5 9 ,

6 0 ,

6 5

and 6 7 as

certified by the Industrial Registrar

on 2 5

October 1 9 7 8 by reason	of non-compliance with the	8 1
!

rules of the organization, and	I
!

(li) That invaliditles have occurred

m the

management or admmistration of the organlzation

being the resolutions dated

2 May

1 9 7 9 of the

Federal Executive of the organizatlon

(a)

To dismiss Ulrich Colin Bignell from the

office of Branch Secretary of the Sydney

Branch of the organlzation (the Branch),

(b) To dismiss Harold Shooter from the offlce

of Assrstant Secretary of the Branch,

(c)	To dismiss Royce Lawrence Cummlns, Kenneth

Lewls Tyler and Gregory Lawrence Waters and

each of them from the offrce

of organizer

for the Branch,

(d)	To expel the said Ulrich Colin Bignell,
Kenneth Lewis Tyler and Gregory Lawrence

Harold Shooter, Royce Lawrence Cummins, the organlzatlon,

by reason of the invalldlty found to exlst in the

making or alterations of the aforesaid rules and

in partlcular rr . 13

( 6 ) and 3 5 .

AND the Court, being satisfied that the order

herein made would not

do substantlal in]ustrce to the

organization or to any member or creditor

of the

organization or to

any person having dealings wlth the

organization, ORDERS THAT:

(i) The making or alteratlons

the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: In the matter of the Conciliation and Arbitration Act 1904 and in the matter of an application pursuant to section 171C of the said Act Plumbers and Gasfitters Employees Union of Australia & Ors v Cook, Robert Arthur [1984] FCA 156
Case: [1984] FCA 156
Decision Date: 15 Jun 1984

CaseChat Overview and Summary

The case involved the Plumbers and Gasfitters Employees' Union of Australia and several of its officers. The Union sought validation of certain rule amendments and resolutions made by its Federal Council and Federal Executive. The applicants, including the Union and its officers, filed an application under section 171C of the Conciliation and Arbitration Act 1904, seeking a declaration that invalidities had occurred in the making or alteration of the Union's rules and in the management or administration of the Union. The respondents argued against the validation of the rule amendments and resolutions.

The legal issues before the court were whether invalidities had occurred in the making or alteration of the Union's rules and in the management or administration of the Union, and if so, whether validating such rule amendments and resolutions would cause substantial injustice to the Union, its members, creditors, or those dealing with the Union.

The court found that invalidities had indeed occurred in the making or alteration of certain rules by the Federal Council in August 1978 and in the management or administration of the Union in the resolutions made by the Federal Executive on 2 May 1979. The court validated the rule amendments and resolutions, finding that doing so would not cause substantial injustice to the Union, its members, creditors, or those dealing with the Union.

The final orders of the court declared that the making or alterations of the specified rules by the Federal Council in August 1978 (except for certain amendments) and the resolutions of the Federal Executive made on 2 May 1979 were valid.

Orders