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McJannet v White

McJannet v White

Case [1992] FCA 848 20 November 1992

Jurisdiction

Appeal

Standing

Unconscionable Conduct

Industrial Law

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Re: VICTORIA JANE McJANNET; CHARLES HENRY LIVINGSTONE and MEDIA, ENTERTAINMENT
AND ARTS ALLIANCE (A registered Industrial Organisation of Employees pursuant
to the Industrial Relations Act 1988)
And: HERBERT WHITE; ARTHUR WESTBROOK; JAMES BEATTIE; MACQUARIE HAYWARD;
WILLIAM MORRIS; EDWARD EASTON and OTHERS
No. Q I4 of 1992
FED No. 848
Number of pages - 44
Industrial Law
(1992) 39 FCR 1

COURT

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY
INDUSTRIAL DIVISION
Ryan J.(1)

CATCHWORDS

Industrial Law - Unions - registration and incorporation of branch of federally-registered organisation under State legislation - construction of s.26 Industrial Arbitration Act 1916 (Qld) - whether separate legal entity created - effect of amalgamation on rights and obligations of de-registered organisations - construction of ss.6,7 Industrial Relations (Protection from Invalidities) Act 1991 (Qld) - whether registration of union creates proprietary interest in persons procuring registration

Conciliation and Arbitration Act 1904

Industrial Relations Act 1988: ss.253Q, 253R, 253U, 298

Industrial Arbitration Act 1916 (Qld): s.26

Industrial Relations (Protection from Invalidities) Act 1991 (Qld): ss.4, 5, 6, 7

Bailey v Krantz (1985) 13 IR 339

Frizziero v Rice (Unreported, Full Court, Federal Court of Australia, 16 October 1992)

Sharpe v Goodhew (1990) 33 IR 238

Williams Hursey (1959) 103 CLR 30

R v Cawthorne (1979) 22 SASR 433

John v Rees (1970) Ch 345

Nurses Memorial Centre of South Australia Inc. v Beaumont (1987) 44 SASR 454

Bacon v O'Dea (1989) 25 FCR 495

Allingham v Australian Workers' Union (1971) 21 FLR 228

In re Electrical Trades Union of Australia, New South Wales Branch (1963) AR (NSW) 796

Re Ferris (1982) 2 IR 432

HEARING

BRISBANE

#DATE 20:11:1992

Counsel for the applicants: Mr Rothman and Mr Boccabella

Solicitor for the applicants: Goss Downey Carne

Counsel for the first and
second respondents: Mr Herbert

Solicitor for the first and
second respondents: Dillons

Counsel for the third respondent
and the second intervener: Mr Martin

Solicitor for the third respondent
and the second intervener: Crown Law Office

Counsel for the fourth respondent
and the first intervener: Mr Hall

Solicitor for the fourth respondent
and the first intervener: C.A. Sciacca and Associates

ORDER

THE COURT ORDERS:

1. That the applicants have leave to amend their notice of appeal

from the orders of Ryan J made on 19 October 1992 in the light of his Honour's reasons for judgment herein published on 20 November 1992 in such manner as they may be advised, such amended notice of appeal to be filed and served within 21 days of this date.

2. That the District Registrar make available, upon request by the

legal advisers of any party or intervener, any of the materials filed herein, including any exhibits, for the purpose of perusal and/or copying within the precincts of the Registry of the Court.

Note: Settlement and entry of orders is dealt with in O.36 of the Federal Court Rules.

JUDGE1

RYAN J. Pursuant to s.253Q of the Industrial Relations Act 1988 ("the Federal Act"), three organisations registered under that Act, 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.

Continue reading McJannet v White

Details

AGLC: McJannet, V.A. & ors v White, H. & ors [1992] FCA 848 ((1992) 39 FCR 1)
Case: [1992] FCA 848
Decision Date: 20 NOVEMBER 1992

CaseChat Overview and Summary

In McJannet v White, the parties involved in the dispute were McJannet and White, with the case centering on the registration and incorporation of a branch of a federally-registered union under state legislation. The matter was heard in the Queensland Supreme Court. The crux of the legal conflict revolved around the interpretation of Section 26 of the Industrial Arbitration Act 1916 (Qld), specifically whether it created a separate legal entity when a branch of a federally-registered union was registered under state law. Additionally, the court examined the implications of the amalgamation of unions on the rights and obligations of the de-registered organisations. This included the interpretation of Sections 6 and 7 of the Industrial Relations (Protection from Invalidities) Act 1991 (Qld), and whether the registration of a union conferred a proprietary interest in the persons who procured the registration.

The court meticulously analysed the statutory provisions, taking into account the legislative intent and the implications of the registrations and amalgamations on the legal status and liabilities of the unions involved. It was determined that the registration under state law did not create a separate legal entity but rather operated to recognise the branch's existence under federal law. The court also clarified that the registration did not automatically confer a proprietary interest in the persons who initiated the registration process, thus addressing concerns about the impact on the rights and obligations of the unions.

The court's decision provided clarity on the interplay between federal and state industrial laws, particularly regarding the registration and recognition of union branches. The final orders included granting the applicants leave to amend their notice of appeal, and directing the District Registrar to make available all materials filed in the case for perusal and copying within the precincts of the Court Registry. This ruling was instrumental in delineating the legal framework governing union registrations and amalgamations under the respective acts.

Orders

Orders of the court

THE COURT ORDERS:

1. That the applicants have leave to amend their notice of appeal

from the orders of Ryan J made on 19 October 1992 in the light of his Honour's reasons for judgment herein published on 20 November 1992 in such manner as they may be advised, such amended notice of appeal to be filed and served within 21 days of this date.

2. That the District Registrar make available, upon request by the

legal advisers of any party or intervener, any of the materials filed herein, including any exhibits, for the purpose of perusal and/or copying within the precincts of the Registry of the Court.

Note: Settlement and entry of orders is dealt with in O.36 of the Federal Court Rules.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Citations

AGLC Citation

McJannet, V.A. & ors v White, H. & ors [1992] FCA 848 ((1992) 39 FCR 1)

Most Recent Citation

King v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 1900

Cases citing this decision · 8 of 8 shown

Australian Workers' Union of Employees, Queensland v Etheridge Shire Council
[2009] FCAFC 95

…CLR 367 considered Fencott v Muller (1983) 152 CLR 570 referred to LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 considered McJannet v White (1992) 39 FCR 1 cited McJannet v White (1994) 48 FCR 453 cited New South Wales v Commonwealth (The Work Choices Case) (2006) 229 CLR 1 referred to Phillip Morris Inc v…
King v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
[2000] FCA 1900 Para 3

…s taken by the respondents at first instance, nor is it noticed by the judge, who had considerable experience in that jurisdiction ( McJannet v White (1992) 39 FCR 1). On appeal to the Full Court, the point does not appear to have been argued. However, Northrop J (who dissented in the result on the merits) said: “…
Re McJannet; Ex parte Minister for Employment, Training and Industrial Relations (Q)
[1995] HCA 31

…7 McJannet v White (1992) 39 FCR 1.…
Greg Pearce v Andrew Vickers
[1995] IRCA 247

…More recently, in McJannet v White (1993) 122 ALR 82 I had occasion to refer to this matter of industrial jurisprudence. This was a dissenting judgment, but the other members of the Court did not need to consider this matter. I refer to and repeat what was said at 92-96. I set out what appears at 96:…
Greg Pearce v Andrew Vickers
[1995] IRCA 231

…More recently, in McJannet v White (1993) 122 ALR 82 I had occasion to refer to this matter of industrial jurisprudence. This was a dissenting judgment, but the other members of the Court did not need to consider this matter. I refer to and repeat what was said at 92-96. I set out what appears at 96:…
Kelly v Construction, Forestry, Mining and Energy Union (No.3)
[1995] IRCA 182

…oyal Australian Nursing Federation v Fawdry (1986) 73 ALR 540 GTS Freight Management Pty Ltd v Transport Workers Union of Australia (1990) 25 FCR 296 McJannet v White (1994) 122 ALR 82…
John David Sutton, The Construction, Forestry Mining and Energy Union and Ian Gordon Sharp, The State of Victoria
[1994] IRCA 80

…ll amalgamate with the CFMEU on and from 31 March 1994". It is not necessary to consider the legal effect (if any) of this agreement; as to which see McJannet v White (1994) 122 ALR 82.…
Re Construction Forestry Mining Energy Union; Ex parte W.J. Deane & Sons
[1994] HCATrans 364

…deregistration and the organizations do not go out of existence was decided by His Honour Justice Ryan in McJannet v White, 39 FCR 1, at page 25. I do not take the Court to it. I should add, perhaps, that McJannet v White, of course, was the subject of appeal and I understand is a matter now before this Cou…

View all 8 citing cases →

Cases cited in this decision · 6 of 6 shown

Sharpe v Goodhew
[1990] FCA 272

…Sharpe v Goodhew (1990) 33 IR 238…
Bailey v Krantz
[1985] FCA 370

…Bailey v Krantz (1985) 13 IR 339…
Imlach v Daley
[1985] FCA 168

…lly-registered organisation collected together by its rules for internal administrative convenience; (Williams v Hursey (supra) at 54; Imlach v Daley (1985) 7 FCR 457 at 462; Bacon v O'Dea (supra) at 507-508; and Frizziero v Rice (supra) at 13). Accordingly, upon the de-registration of the ATAEA pursuant to s.253Q…
Roots, David Christopher v Mutton, S.
[1978] FCA 15

…eeting of the Federal Council or Federal Committee of Management, when construed in accordance with the principles enunciated, e.g. in Roots v Mutton (1978) 32 FLR 15 at 18, they were mandatory. However, since, as I have found, the rules as lodged with the Queensland Registrar were not the rules of the ATAEA, altho…
Williams v Hursey
[1959] HCA 51

…Williams Hursey (1959) 103 CLR 30…
Hall v Job
[1952] HCA 57

…e carrying out of the objects of the Organization". The position is precisely analogous to that which was held by this Court to subsist in Hall v Job (1952) 86 CLR 639 and there is a passage in the judgment in that case which, if we read "Federation" or "Organization" for "Institution" and "Branch" for "Lodge", is e…

Legislation cited in this decision · 8

Commonwealth Conciliation and Arbitration Act 1904 (Cth)
1 mention
Conciliation and Arbitration Act 1904 (Cth)
1 mention
Industrial Arbitration Act 1916 (Qld)
1 mention
Industrial Conciliation and Arbitration Act 1961 (Qld)
1 mention
Industrial Relations (Protection from Invalidities) Act 1991 (Qld)
1 mention
Industrial Relations Act 1988 (Cth)
1 mention
Industrial Relations Act 1990 (Qld)
1 mention
Industrial Relations Act 1991 (NSW)
1 mention