Garry Ernest Sherrift & Ors v Leonarp Cecil Townsend & Ors [1980] FCA 25

Garry Ernest Sherrift & Ors v Leonarp Cecil Townsend & Ors [1980] FCA 25

The rules of the Vehicle Builders Employees Federation of Australia contravened s.140(1) of the Conciliation and Arbitration Act 1904 by failing to make necessary provision for a Federal committee of management; elections and resolutions at certain Federal Council meetings were declared null and void; the Federal Council and Executive Committee had ceased to function effectively and a valid scheme for temporary governance and reconstitution of council and offices was approved.

Jurisdiction
Australia
Judgment Date
13 March 1980
Procedural Posture
Industrial Dispute / Orders Following Hearing
Outcome
Orders made declaring contraventions, election and resolution invalidity, discharge of rule nisi in certain matters, directions for reconstitution of Council and offices
Legal Topics
['union Rules' 'federal Committee of Management' 'vacancy of Union Offices' 'reconstitution of Federal Council']
['industrial Law'] ['union Rules' 'federal Committee of Management' 'vacancy of Union Offices' 'reconstitution of Federal Council']

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Procedural Posture

Industrial Dispute / Orders Following Hearing

Legal Issues

  1. 1 ['Whether the rules of the Vehicle Builders Employees Federation of Australia contravene s.140(1) of the Conciliation and Arbitration Act 1904 by failing to provide for a Federal committee of management' 'Validity of elections and resolutions at Federal Council meetings' 'Existence and functioning of the Federal Council and Federal Executive Committee' 'Vacancies in union offices and effective means to fill them']

Ratio Decidendi

The rules of the Vehicle Builders Employees Federation of Australia contravened s.140(1) of the Conciliation and Arbitration Act 1904 by failing to make necessary provision for a Federal committee of management; elections and resolutions at certain Federal Council meetings were declared null and void; the Federal Council and Executive Committee had ceased to function effectively and a valid scheme for temporary governance and reconstitution of council and offices was approved.

Court Disposition

Orders made declaring contraventions, election and resolution invalidity, discharge of rule nisi in certain matters, directions for reconstitution of Council and offices

Orders

  • ['Vehicle Builders Employees Federation of Australia rules contravene s.140(1) of Conciliation and Arbitration Act 1904 for failing to provide for Federal committee of management' 'Respondents to treat as null and void the election of certain officers at Federal Council meeting (19–22 March 1979)' 'Respondents to...