Rule, J.A. v The Australian Workers Union - [1985] FCA 452

Re: JAMES ALAN RULE
And: THE AUSTRALIAN WORKERS' UNION
Nos. NSW 10 and 12 of 1985
Industrial Law
12 IR 39

COURT

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
INDUSTRIAL DIVISION
Wilcox J.

CATCHWORDS

Industrial Law - Rules of registered organization of employees - Rules prescribing membership qualification for candidates for office and for nominators of candidates - Whether rules "oppressive, unreasonable or unjust" - Nominations for current elections called and received upon basis of registered rules - Whether these acts constituted irregularities in elections - Relief appropriate to be granted.

Conciliation and Arbitration Act 1904 ss.2, 140(1)(c), 159, 163, 165, 170.

Cameron v. Australian Workers' Union (1959) 2 F.L.R. 45 not followed. Gordon v Carroll (1975) 27 F.L.R. 129, Leveridge v Shop Distributive and Allied Employees' Association (1977) 31 F.L.R. 385, Allen v Townsend (1977) 31 F.L.R. 431, Lovell v Federated Liquor and Allied Industries Employees' Union of Australia (1978) 35 F.L.R. 72, Jutte v Amalgamated Engineering Union, Australian Section (1967) 10 F.L.R. 195, Re Elections for Officers in Australasian Meat Employees Union (1963) 5 F.L.R. 260 applied. Re Inquiry into Election in the Vehicle Builders Employees' Federation of Australia, ex parte Allen (1978) 34 F.L.R. 294, Wiseman v Professional Radio and Electronics Institute of Australasia (1978) 20 A.L.R. 545, Municipal Officers Association v Lancaster (1981) 37 A.L.R. 559, Watson v Australian Workers' Union (1967) 10 F.L.R. 347, Young v Australian Workers' Union (Gray J., 7 December 1984, 27 May 1985, not reported), Hodder v Australian Workers' Union (Pincus J., 2 August 1985, not reported), Re Election for Office in Amalgamated Engineering Union, Australian Section (1963) 4 F.L.R. 325 referred to.

HEARING

SYDNEY
#DATE 10:9:1985

ORDER

NSW 10 of 1985

1. Rule 51(b) of the Constitution and General Rules of the Australian Workers' Union contravenes s.140(1)(c) of the Conciliation and Arbitration Act 1904 in that it is oppressive and unreasonable.

2. Rule 68 of the Constitution and General Rules of the Australian Workers' Union insofar as it provides:

(a) that the two persons who sign the nomination paper of a candidate for an office specified in tha said rule shall be "persons who ahve been members who are financial within the meaning of sub-clause (c) of Rule 4 for the immediately preceding two years"; and

(b) "The nomination paper must contain either the candidates tickets or a certificate from the Secretary of his Branch or District in order to show that the candidate has been a member who is financial within the meaning of sub-clause (c) or Rule 4 for at least five years immediately preceding the date of nomination."

contravenes s.140(1)(c) of the Conciliation and Arbitration ACt 1904 in that it is oppressive and unreasonable.

No. 12 of 1985

Further proceedings at this Inquiry be adjourned until Friday 11 October 1985 at 10.15 a.m., the order made on 29 August 1985 to continue in the meantime.

All parties have liberty to restore the matter to the list at any time convenient to the Court…

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

Case: [1985] FCA 452
Decision Date: 10 SEPTEMBER 1985

CaseChat Overview and Summary

The matter of Rule, J.A. v The Australian Workers Union was heard in the Federal Court of Australia. The dispute between the parties centred on the validity of certain membership qualification rules outlined in the Constitution and General Rules of the Australian Workers' Union. The central question was whether these rules were oppressive, unreasonable, or unjust, as per the requirements of the Conciliation and Arbitration Act 1904. The case involved nominations for current elections that were conducted based on the registered rules, raising the issue of whether these actions constituted irregularities in the election process.

The court was tasked with determining the legality of specific rules, including Rule 51(b) and Rule 68. The former pertained to membership qualifications for candidates running for office, while the latter dealt with the requirements for nominators of candidates. The core legal issue was whether these rules contravened section 140(1)(c) of the Conciliation and Arbitration Act 1904 by being oppressive and unreasonable. The court's decision was pivotal in establishing the appropriate relief to be granted in light of the contested rules.

In its reasoning, the court found that Rule 51(b) was indeed oppressive and unreasonable, thus contravening section 140(1)(c) of the Act. Similarly, Rule 68 was found to be oppressive and unreasonable in the manner it specified the membership qualifications for nominators of candidates. The court held that these rules failed to meet the statutory requirements and therefore were invalid. The court also determined that the irregularities in the election process necessitated further proceedings, which were subsequently adjourned.

The court issued orders declaring that both Rule 51(b) and Rule 68 contravened the relevant section of the Act. The case was adjourned until a later date, allowing all parties the opportunity to present further arguments and evidence. The court also granted liberty to any party to restore the matter to the list for further orders, provided that proper notice was given. Additionally, the rolls of membership were to be returned to the solicitors for the Australian Workers' Union, subject to their undertaking to return them to the custody of the Court if required.

Orders

Orders of the court

NSW 10 of 1985

1. Rule 51(b) of the Constitution and General Rules of the Australian Workers' Union contravenes s.140(1)(c) of the Conciliation and Arbitration Act 1904 in that it is oppressive and unreasonable.

2. Rule 68 of the Constitution and General Rules of the Australian Workers' Union insofar as it provides:

(a) that the two persons who sign the nomination paper of a candidate for an office specified in tha said rule shall be "persons who ahve been members who are financial within the meaning of sub-clause (c) of Rule 4 for the immediately preceding two years"; and

(b) "The nomination paper must contain either the candidates tickets or a certificate from the Secretary of his Branch or District in order to show that the candidate has been a member who is financial within the meaning of sub-clause (c) or Rule 4 for at least five years immediately preceding the date of nomination."

contravenes s.140(1)(c) of the Conciliation and Arbitration ACt 1904 in that it is oppressive and unreasonable.

No. 12 of 1985

Further proceedings at this Inquiry be adjourned until Friday 11 October 1985 at 10.15 a.m., the order made on 29 August 1985 to continue in the meantime.

All parties have liberty to restore the matter to the list at any time convenient to the Court for the making of further orders upon twenty-four (24) hours' notice by that party to the other parties.

The rolls of membership of the organization, being exhibits in the Inquiry, may be returned to the solicitors for the Australian Workers' Union, subject to their undertaking to arrange for their return to the custody of the Court if so required.

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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