United Grocers, Tea and Dairy Produce Employees' Union of Victoria v Linaker - [1916] HCA 61

22 CLR 176

UNITED GROCERS, TEA AND DAIRY

PRODUCE EMPLOYEES' UNION OF VICTORIA

COMPLAINANTS, LINAKER Industrial Arbitration-Organization-Rules-Membership--Method of becoming

member-Proceedings to recover dues-Estoppel-Commonwealth Conciliation and Arbitration Act 1904-1915 (No. 13 of 1904-No. 35 of 1915), secs. 55, 68, Oct. 17, 20.

The rules of an organization registered under the Commonwealth Conciliation and Arbitration Act 1904-1915 on the subjects prescribed by Schedule B to the Act, are peremptory, and therefore a person can only become a member in the manner prescribed by those rules.

By the rules of an organization it was provided that a candidate for admission should fill in a nomination form, pay the entrance fee and should thereupon become a member. On proceedings in a Court of Petty Sessions under sec. 68 of the Act by the organization to recover dues from the defendant, who was alleged to be a member, the Magistrate found that he, not having paid an entrance fee, was not a member,

Held, that the defendant was not estopped from denying that he was a member by an agreement by which he undertook to pay to the organization a certain sum per fortnight off his arrears in addition to his ordinary contribu- tions until his arrears had been cleared off.

22 CLR 177

APPEAL from a Court of Petty Sessions of Victoria.

At the Court of Petty Sessions at Ballarat a complaint was heard whereby the United Grocers, Tea and Dairy Produce Employees' Union of Victoria, an organization registered under the Common- wealth Conciliation and Arbitration Act 1904-1915, sought to recover from Robert Linaker, who was alleged to be a member of the Union, the sum of £5 6s. for dues, fines and levies for the period 16th July 1912 to 30th May 1916.

By the rules of the Union it was provided (inter alia) that (rule 4) a candidate for admission shall fill in a nomination form, pay the entrance fee and shall thereupon become a member," and that (rule 5) "every person shall on becoming a member of the Union pay an entrance fee of one shilling."

The Magistrate found that the defendant had not paid the entrance fee, and was therefore not a member, and he dismissed the complaint.

The complainants now appealed from that decision by way of order to review, on the grounds (1) that the evidence showed con- clusively that the defendant was a member, and (2) that the defen- dant had estopped himself from denying that he was a member.

The other material facts are stated in the judgments hereunder. Schutt, for the appellants. The respondent, by signing the agree- ment to pay off the arrears of his dues, acknowledged that he was a member, and is thereby estopped from denying that he is a member Sheffield and Manchester Railway Co. v. Woodcock (1).

[RICH J. referred to Carr v. London and North Western Railway Co. (2).]

Pigott, for the respondent. The rule as to how membership an organization is to be created is mandatory The Tramways…

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

AGLC: United Grocers, Tea and Dairy Produce Employees' Union of Victoria v Linaker [1916] HCA 61
Case: [1916] HCA 61
Decision Date: 20 October 1916

CaseChat Overview and Summary

The United Grocers, Tea and Dairy Produce Employees' Union of Victoria, a registered organisation under the Commonwealth Conciliation and Arbitration Act 1904-1915, sought to recover dues from Robert Linaker, alleging he was a member. The Union's rules stipulated that a candidate for admission must fill in a nomination form and pay an entrance fee to become a member. The Magistrate dismissed the Union's complaint, finding that Linaker had not paid the entrance fee and was therefore not a member. The Union appealed, arguing that the evidence conclusively showed Linaker was a member and that he was estopped from denying membership.

The central legal issues before the Court were whether Linaker had become a member of the Union according to its rules, and whether he was estopped from denying his membership due to a subsequent agreement to pay off arrears. The Court was required to determine the mandatory nature of the Union's rules for membership and the effect of an agreement to pay dues on the question of membership, particularly in light of the requirements of the Commonwealth Conciliation and Arbitration Act.

The Court held that the provisions of Schedule B to the Act, which govern the rules of registered organisations, are peremptory. Consequently, a person can only become a member of an organisation in the manner prescribed by its rules. The rules of the Union required payment of an entrance fee as a condition of membership. As the Magistrate found that Linaker had not paid this fee, he had not become a member according to the rules. The Court further held that an estoppel could not prevail against the law, meaning that Linaker was not estopped from denying membership by his subsequent agreement to pay arrears, as this agreement did not cure the defect in his initial membership formation. The appeal was dismissed.

Orders