Cook, R.A. & Ors v. Crawford, G. & Ors [1982] FCA 133

Cook, R.A. & Ors v. Crawford, G. & Ors [1982] FCA 133

Rules conferring unfettered rule-amendment power on the Federal Council, adopted without adequate branch/member participation, imposed unreasonable conditions on members contrary to s.140(1)(c) and were invalid inter partes; thus, the Federal Executive lacked valid power under these rules to expel and dismiss the appellant officials—however, given appellants’ own misconduct in acting against the interests of the organisation, relief under s.141 should be refused at the court’s discretion.

Parties
Appellants: Robert Arthur Cook, Ulick Colin Bignell, Harold Shooter, Kenneth Lewis Tyler, Royce Lawrence Cummins, Gregory Lawrence Waters; Respondents: G. Crawford, G.L. Smith, R. Fairweather, R. Hevey, T. Bourke, R. Masterson and The Plumbers and Gasfitters Employees' Union of Australia
Jurisdiction
Australia
Judgment Date
07 July 1982
Procedural Posture
Appeal / Judgment After Hearing of Appeals From a Single Judge of the Federal Court
Outcome
Appeal dismissed (majority; one Judge would have allowed the appeal). Relief under s.141 refused at the court's discretion.
Legal Topics
Dismissal From Office, Expulsion From Membership, Union Rules Amendment, Democratic Control of Organisations, Unreasonableness of Union Rules Under Industrial Law
Industrial Law Dismissal From Office Expulsion From Membership Union Rules Amendment Democratic Control of Organisations Unreasonableness of Union Rules Under Industrial Law

Case Brief

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Parties

Robert Arthur Cook, Ulick Colin Bignell, Harold Shooter, Kenneth Lewis Tyler, Royce Lawrence Cummins, Gregory Lawrence Waters

Appellants

G. Crawford, G.L. Smith, R. Fairweather, R. Hevey, T. Bourke, R. Masterson and The Plumbers and Gasfitters Employees' Union of Australia

Respondents

Procedural Posture

Appeal / Judgment After Hearing of Appeals From a Single Judge of the Federal Court

Legal Issues

  1. 1 Whether the amendment of rules empowering Federal Council to amend rules was validly made
  2. 2 Whether such rule amendments imposed unreasonable conditions on members contrary to Conciliation and Arbitration Act 1904 s.140(1)(c)
  3. 3 Whether the expulsion and dismissal of Sydney Branch officials by the Federal Executive were valid under the rules

Ratio Decidendi

Rules conferring unfettered rule-amendment power on the Federal Council, adopted without adequate branch/member participation, imposed unreasonable conditions on members contrary to s.140(1)(c) and were invalid inter partes; thus, the Federal Executive lacked valid power under these rules to expel and dismiss the appellant officials—however, given appellants’ own misconduct in acting against the interests of the organisation, relief under s.141 should be refused at the court’s discretion.

Court Disposition

Appeal dismissed (majority; one Judge would have allowed the appeal). Relief under s.141 refused at the court's discretion.

Orders

  • Matters stood over for further consideration to a date to be fixed by the Court or upon application by either party.