Troja, F. v Curran, W - [1989] FCA 237

Re: FRANK TROJA
And: W. CURRAN; J. BRUNT; L. MacDONALD; N. McDONALD; W. CHRISTENSEN;
R. DILLON; D. DOHERTY; P. DAVEY; S. FIELD; J. RISTEVSKI; L. STANLEY;
J. LAMONT; T. PATAKI; L. BURLEY; R. JONES; W. KERRIGAN; P. MORRIS;
J. KONDARIOS; A. JAMES; J. FLYNN; J. PYSING; W. WHITING; M. STURGESS;
T. BULETICH; V. WATT; K. ANDREWS; P. CROCKER; N. PETCH; T. DEUIS and
I. STRINIC
No. VI 6 of 1988
FED No. 237
Industrial Law
30 IR 129

COURT

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY
INDUSTRIAL DIVISION
Keely J.(1)

CATCHWORDS

Industrial Law - trade union committee of management sitting as domestic tribunal - expulsion of member - whether failure to give member notice of letter given to tribunal by prosecutor a breach of the rules of natural justice - discretion of court - construction of s. 209(3) of the Industrial Relations Act 1988

Conciliation and Arbitration Act 1904 s. 141

Industrial Relations Act 1988 s. 209

HEARING

MELBOURNE

#DATE 12:5:1989

Solicitor for Applicant : A. J. Macken & Co.

Counsel for Applicant : Mr. Timothy Ginnane

Solicitor for Respondents : Ryan Carlisle Needham & Thomas

Counsel for Respondents : Mr. Michael Black Q.C. and

Mr. Anthony North

ORDER

The respondents, W. Curran, J. Brunt, L. MacDonald, N. McDonald, W. Christensen, R. Dillon, D. Doherty, P. Davey, S. Field, J. Ristevski, L. Stanley, J. Lamont, T. Pataki, L. Burley, R. Jones, W. Kerrigan, P. Morris, J. Kondarios, A. James, J. Flynn, J. Pysing, W. Whiting, M. Sturgess, T. Buletich, V. Watt, K. Andrews, N. Petch, T. Deuis and I. Strinic and each of them perform and observe the Rules of the Australasian Meat Industry Employees Union by treating as null and void the following resolutions which were carried at a meeting of the Committee of Management of the Victorian Branch of the Union on 5 December 1985:

"(a) That Comrade Troja be found guilty as charged.

(b) That F. Troja be expelled from the Union under Rule 64."

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

JUDGE1

On 5 December 1985 Frank Troja ("the applicant") was a member of the Australasian Meat Industry Employees Union ("the Union"), which was an organisation of employees registered under the Conciliation and Arbitration Act 1904 ("the previous Act") and is a registered organisation under the Industrial Relations Act 1988 ("the new Act"). On that day the Committee of Management of the Victorian Branch ("the Branch") of the Union, acting under Rule 64, found the applicant guilty of assaulting Walter Curran, the Secretary of the Branch, on 24 October 1985, whilst Walter Curran was engaged on the business of the Union. The Branch Committee of Management decided that the applicant should be expelled from the Union under Rule 64.

Mr. Timothy Ginnane, of counsel, appeared for the applicant; Mr. Michael Black of Queens Counsel and Mr. Tony North of counsel appeared for the respondents other than Mr. Crocker ("the respondents"). No order…

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 Troja, F. v Curran, W

Details

AGLC: Troja, F. v. Curran, W. & Ors [1989] FCA 237 (30 IR 129)
Case: [1989] FCA 237
Decision Date: 12 MAY 1989

CaseChat Overview and Summary

The case before the court involved a dispute between F. Troja and W. Curran, along with other members of the Australasian Meat Industry Employees Union's Committee of Management. The central issue was the expulsion of Troja from the Union, following a decision made by the Committee of Management. The crux of the legal dispute centred around whether the Committee's decision to expel Troja was lawful and if the process adhered to the principles of natural justice, particularly in relation to the notification of a letter provided by the prosecutor to the tribunal. The Federal Court of Australia was tasked with resolving these issues.

The court examined whether the Committee of Management breached the rules of natural justice by failing to inform Troja of the letter provided by the prosecutor to the tribunal. This involved a careful interpretation of the Union's rules and the principles of natural justice. The court also had to determine the extent of its discretion in reviewing the decision made by the Committee of Management and the appropriate construction of section 209(3) of the Industrial Relations Act 1988. The primary focus was on whether the Union's internal procedures and the decision-making process were fair and just.

The court concluded that the Committee of Management's decision to expel Troja was unlawful due to the failure to provide him with notice of the prosecutor's letter, which constituted a breach of the rules of natural justice. The court held that the Committee of Management's decision was not valid as it did not allow Troja to respond to the information contained in the letter. Additionally, the court found that its discretion under section 209(3) of the Industrial Relations Act 1988 extended to reviewing the Committee's decision and setting it aside if it was found to be unjust. The court ordered that the expulsion of Troja be treated as null and void, and that the Committee of Management's resolutions be disregarded.

The court's orders were that the respondents, including W. Curran and other members of the Committee of Management, must treat as null and void the resolutions passed at the meeting on 5 December 1985, which found Troja guilty and expelled him from the Union. The orders also mandated that the respondents comply with the Rules of the Australasian Meat Industry Employees Union. The settlement and entry of orders were governed by Order 36 of the Federal Court Rules.

Orders

Orders of the court

The respondents, W. Curran, J. Brunt, L. MacDonald, N. McDonald, W. Christensen, R. Dillon, D. Doherty, P. Davey, S. Field, J. Ristevski, L. Stanley, J. Lamont, T. Pataki, L. Burley, R. Jones, W. Kerrigan, P. Morris, J. Kondarios, A. James, J. Flynn, J. Pysing, W. Whiting, M. Sturgess, T. Buletich, V. Watt, K. Andrews, N. Petch, T. Deuis and I. Strinic and each of them perform and observe the Rules of the Australasian Meat Industry Employees Union by treating as null and void the following resolutions which were carried at a meeting of the Committee of Management of the Victorian Branch of the Union on 5 December 1985:

"(a) That Comrade Troja be found guilty as charged.

(b) That F. Troja be expelled from the Union under Rule 64."

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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