John David Sutton and Construction, Forestry, Mining and Energy Union v Ian Sharp, the State of Victoria, John Atkinson & Ors, Joseph Ferguson & Ors and Mick Young & Ors [1995] IRCA 409

John David Sutton and Construction, Forestry, Mining and Energy Union v Ian Sharp, the State of Victoria, John Atkinson & Ors, Joseph Ferguson & Ors and Mick Young & Ors [1995] IRCA 409

The amalgamation between CFMEU and BLF was valid and effective in law; the procedures under Division 7 of Part IX of the Industrial Relations Act do not apply to amalgamations with unregistered associations; no mandatory rule or statutory requirement precluded the merger; CFMEU is entitled to the funds and property held by Dr Sharp as custodian, and the court retains jurisdiction to make relevant orders.

Jurisdiction
Australia
Judgment Date
24 August 1995
Procedural Posture
Application for Determination of Invalidity in Union Management / Final Determination After Hearing
Outcome
Application sustained. Amalgamation declared valid, no invalidity occurred in management or administration of CFMEU, CFMEU entitled to funds and property held by Dr Sharp.
Legal Topics
['union Amalgamation' 'validity of Amalgamation' 'jurisdiction' 'property Entitlement']
['industrial Law'] ['union Amalgamation' 'validity of Amalgamation' 'jurisdiction' 'property Entitlement']

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Procedural Posture

Application for Determination of Invalidity in Union Management / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether invalidities occurred in management or administration of CFMEU' 'Whether amalgamation between CFMEU and BLF was valid' 'Whether amalgamation procedure under Industrial Relations Act was required' 'Entitlement of CFMEU to assets held by custodian pursuant to Victorian Orders in Council' 'Jurisdiction to determine constitutional validity of relevant Victorian Act and Orders in Council']

Ratio Decidendi

The amalgamation between CFMEU and BLF was valid and effective in law; the procedures under Division 7 of Part IX of the Industrial Relations Act do not apply to amalgamations with unregistered associations; no mandatory rule or statutory requirement precluded the merger; CFMEU is entitled to the funds and property held by Dr Sharp as custodian, and the court retains jurisdiction to make relevant orders.

Court Disposition

Application sustained. Amalgamation declared valid, no invalidity occurred in management or administration of CFMEU, CFMEU entitled to funds and property held by Dr Sharp.

Orders

  • ['Declaration that CFMEU-BLF amalgamation is valid and effective in law.' 'Declaration that no invalidity occurred in management or administration of CFMEU or any branch.' 'Declaration that CFMEU is beneficially entitled to funds and property held by Ian Gordon Sharp, subject to deduction of proper costs.' 'Order...