Mellor v Horn

Mellor brought an application against Horn and others in the Federal Court of Australia, seeking an order that the respondents perform and observe certain rules of the Federated Liquor and Allied Industries Employees Union of Australia. The dispute centred around the rules governing casual vacancies in the offices of trustees and members of the committee in the Queensland branch of the union. Specifically, the applicants sought an order directing the respondents to conduct elections to fill vacancies in these offices. The applicants argued that the union rules did not permit the delay of filling vacancies until less than twelve months remained of the term, and that the union officers had failed to call elections to fill these vacancies.

The legal issues before the court were whether an employee could hold incompatible positions within the union, and whether the union could delay filling casual vacancies until less than twelve months of the term remained. The court had to determine if the union rules were in breach of their obligations and whether the delay in filling vacancies was permissible. Additionally, the court needed to decide whether the order should be refused on discretionary grounds, considering factors such as the proximity of the next regular elections and the expense and difficulty of preparing a roll of voters.

The court found that the union rules did not permit the delay of filling vacancies until less than twelve months of the term remained. The court held that the union officers were in breach of their obligations under the rules by not conducting elections to fill the vacancies. The court considered the proximity of the next regular elections, the expense and difficulty of preparing a roll of voters, and the form of the order. Ultimately, the court held that the delay in filling the vacancies was not justified and ordered the respondents to take all reasonable steps to conduct elections to fill the vacancies.

In its orders, the court mandated that the respondents perform and observe the union rules by conducting elections to fill all existing vacancies in the offices of trustee and members of the committee in the Queensland branch of the union. The court emphasised the need for these elections to be conducted without further delay and directed that reasonable steps be taken to ensure this. The court also provided guidance on the form of the order, indicating that it should be clear and specific to ensure compliance with the union rules and the court's directives.