Nucifora, Alexander John v Mapstone, David John Garland

Re: ALEXANDER JOHN NUCIFORA, GORDON McPHERSON, DAVID LEWIS, GRAHAM TREACY,
PAUL GRIFFITHS, PATRICK JAMES BROPHY, TADEUSZ MARIAN KOWALSKI AND VINCENT
McKENNA, JOHN PETER MAYNES, JOAN RIORDAN, TERENCE WILLIAM SULLIVAN, RICHARD
JOHN WASSON, VINCENT HIGGINS, DOUGLAS FRY, JOHN DANIEL SMITH, MAXWELL MULLER,
LESLIE THOMAS
HAUFF AND JOHN DUNCAN CAMERON
And: DAVID JOHN GARLAND MAPSTONE, BERNADETTE ANNE CALLAGHAN, GABRIELLE MARY
CRAWFORD, CHRISTOPHER WOODS AND DIANNE MARGARET LINNANE
Q. Nos. 4 and 5 of 1983
Industrial law

COURT

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY
INDUSTRIAL DIVISION
Northrop J.
Lockhart J.
Kirby J.

CATCHWORDS

Industrial law - Conciliation and Arbitration - construction of rules - Federated Clerks Union of Australia - Central and Southern Queensland Branch - termination of employment of Branch Staff by Branch Council - duties of secretary/organisers and Branch organisers - appeal by dismissed employees to Federal Executive - power of Federal Executive to hear and determine appeals - right of member to appeal to Federal Executive from decision of Branch Council adversely affecting him - appeals only within disciplinary structure - right of appeal conferred on member penalized as a result of a charge being sustained.

Conciliation and Arbitration Act 1904 (Cth.) s.141

HEARING

BRISBANE

#DATE 4:11:1983

ORDER

THE COURT ORDERS THAT the appeal be dismissed.

JUDGE1

The Federated Clerks Union of Australia, "the Union", is an organization under the Conciliation and Arbitration Act 1904, "the Act". Under the rules of the Union, "the Fed. Rules", each member of the Union must be attached to a branch of the Union. There are nine branches of the Union. All branches must conform to the Fed. Rules. The Federated Clerks Union of Australia (Central and Southern Queensland Branch) Union of Employees, "the C. & S.Q. Branch", is a branch of the Union. Pursuant to powers conferred by the Fed. Rules, the C. & S.Q. Branch has made rules, "the Branch Rules", for its own internal management. Under Branch Rule 20(a) the supreme control and management of the C. & S.Q. Branch, in the Branch Rules sometimes referred to as "the Union", is vested in a Branch Council, the members of which are elected triennially during the month of November. The triennial elections were held in November 1982, and as a result some of the sitting members of the Branch Council were defeated and replaced by new members. Between meetings of the Branch Council, the control of the C. & S.Q. Branch is vested in the Branch Executive, which consists of the four Branch officers and five other members elected by and from the members of the Branch Council.

Branch Rule 32 empowers the Branch to employ and dismiss employees. The rule is set out:

"32. EMPLOYMENT OF BRANCH STAFF

The Branch Council may make such additions or reductions to Branch Staff as it considers necessary and shall have authority to suspend or dismiss from office any employee. Branch Executive shall have power to make such temporary appointments to staff vacancies as is considered necessary subject to confirmation by Branch…