In the matter of the Conciliation and Arbitration Act 1904 and in the matter of the Australasian Meat Industry Employees Union, an organisation of employees registered under the said Act and in the matter of an.. - [1978] FCA 41

Industrial law - organlzation of employees - electlons - right to vote limlted to fmancial members - opportunity

to vote extended to unfinancial members

- invalidity -

whether order rectlfylng invalldity or negativing

modifylng its consequences wculd not do substantial

injustice to any member

of trle organizatlon - Cnncillation

and Arbitration Act

1904 s.lT1C

Colin Aubrey Maxwell	v. Nellie Evelyn Gall and Kenneth
Ross Belsham
Qld. No. 1 of 1978

COR13: J.B.

Sweeney, Keely and Deane

JJ.

DELIVERED: 15 June, 1978

AT: Sydney

IN THE FEDERAL COURT

OF AUSTRALIA )

)

INDUSTRIAL	DIVISION	)	Qld.	No.	1 of 1978
)

NEW SOUTH WALES DISTRICT

RE:GISTRY )

IX THE MATTER

of the Conciliatlon and

Arbitratlonict, 1904

AND IN TITE NATTER of the Australasian

:.eat

Industry Employees unlon, an organlsatjon of

employees registered under the said

AC:

AND IN THE MATTER

of an applicatlon pursuant

to Sectlon 171c of the sald Act

BETWEEN C9LJN FUS’?EY

WXWELL

Applicant

AND NELIIE EVELYh GALL and

Kl?tT;ET?I ROSS

BELSHAM

Respondents

JUDGZS MAKING ORDER: J.B. SWEENEY, KEFLY and DEANE

J tS .

DATE OF ORDER: 15 June, 1975

WHERE MADE: Sydney

ORDER OF THE COURT:

The court declares that

+n invalidity has occurred in the

election conducted

In Auqust, 1977 In the Queensland

Branch of the Australaslzn Meat Industry Employees Unlon.

2 .

The court 1s not satlsfled that an order

as to such

lnvalldity would not	do euhstantlal in~ustlce	to a member
of the organlsation.

3 . The court refuses to make any order as to the sale invalldity.

4. The applicatlon is dismissed.

IN THE FEDERAL COURT OF AUSTKlZLIA )

No. QLD. 1 of l973

INDUSTRIAL

D I V I S I O N

I N TIE MATTER

the C o n c l l 1 s t 1 o n

and Arbl L r a t 1 on Act

1904-1 974

- and-

rrg:stered

under t h c sald. A L L

-and-

IT THE

MATTER

01 a n a p p l ~ c a t l o n

pnrsuant	t o S c c t l o n 1 7 1 C of	t h e
s n d Act

__-

BETCEEK

COLIN AUBRISY 1SSSKCLL

Applicant

CORAM.

J . B .

S w e e n e y ,

K e e l y

6: Deanc JJ.

15TH DAY OF JUKE, 1978

R E A S O X

PO3

JU1)GhIEE;T

J . B .

SWEENEY,

KEE1,Y

& DEAhT J J

T h e

a p p l i c a n t ,

member

t h e Australaslan Meat

I n d u s t r y

E m p l o y c e s '

U n l o n

( " t h e

U n l o n " )

w h i c h

o r g a n l z a t l o n o f

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 the Australasian Meat Industry Employees Union, an organisation of employees registered under the said Act and in the matter of an.. [1978] FCA 41
Case: [1978] FCA 41
Decision Date: 15 Jun 1978

CaseChat Overview and Summary

In the matter of the Conciliation and Arbitration Act 1904, Colin Aubrey Maxwell applied for an order to rectify an invalidity that occurred in the election of the Queensland Branch of the Australasian Meat Industry Employees Union. The respondents, Nellie Evelyn Gall and Kenneth Ross Belsham, who were unsuccessful candidates in the election, argued that the invalidity should not be rectified. The court considered the legal issues of whether the invalidity should be rectified or if rectifying it would cause substantial injustice to any member of the organization. The court found that the invalidity occurred due to a widespread and long-established misconception about the rules, but it was not the result of dishonesty or conscious disregard of the rules. However, the court concluded that rectifying the invalidity would cause substantial injustice to some members of the organization, and therefore, refused to make any order rectifying the invalidity. The application was dismissed.

Orders