Purden Pty Ltd v Registrar in Bankruptcy for the Bankruptcy District of the Sate of New South Wales & Australian Capital Territory [1982] FCA 132

Purden Pty Ltd v Registrar in Bankruptcy for the Bankruptcy District of the Sate of New South Wales & Australian Capital Territory [1982] FCA 132

The appeal was allowed as the rules under which the appellants were dismissed and expelled were not validly made in accordance with the provisions of the union’s rules and s.140 of the Act. Amendments conferring broad rule-making powers on the Federal Council, which bypassed member participation, were found unreasonable and thus invalid. Further, even were the subsequent validation provisions of the Act relevant, they did not retrospectively validate the penalties imposed. The Court found that while the appellants’ conduct was serious, they remained members, as proper procedures for expulsion under valid rules were not followed. The Court’s discretion under s.141 was ultimately exercised...

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
15 July 1982
Procedural Posture
Appeal / Full Court Appeal From a Judgment of a Single Judge Regarding Applications Under S.141 of the Conciliation and Arbitration Act 1904
Outcome
Application stood over for further consideration; formal orders not made at this stage.
Legal Topics
Union Rules and Governance, Expulsion and Dismissal From Membership or Office, Amendment and Validity of Union Rules, Judicial Discretion Under S.141, Interpretation and Application of Arbitration Legislation
Industrial Law Administrative Law Union Rules and Governance Expulsion and Dismissal From Membership or Office Amendment and Validity of Union Rules Judicial Discretion Under S.141 Interpretation and Application of Arbitration Legislation

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 / Full Court Appeal From a Judgment of a Single Judge Regarding Applications Under S.141 of the Conciliation and Arbitration Act 1904

Legal Issues

  1. 1 Whether the Federal Executive had power to dismiss and expel the appellants under the rules of the union
  2. 2 Whether amendments to the union’s rules conferring powers on the Federal Executive were valid
  3. 3 Whether the union’s rule-making powers or Federal Council composition contravened s.140 of the Act

Ratio Decidendi

The appeal was allowed as the rules under which the appellants were dismissed and expelled were not validly made in accordance with the provisions of the union’s rules and s.140 of the Act. Amendments conferring broad rule-making powers on the Federal Council, which bypassed member participation, were found unreasonable and thus invalid. Further, even were the subsequent validation provisions of the Act relevant, they did not retrospectively validate the penalties imposed. The Court found that while the appellants’ conduct was serious, they remained members, as proper procedures for expulsion under valid rules were not followed. The Court’s discretion under s.141 was ultimately exercised...

Court Disposition

Application stood over for further consideration; formal orders not made at this stage.

Orders

  • The matters be stood over for further consideration to a date to be fixed by the Court of its own motion or upon application by either party.