Baird, David Ian v Evans, A.H. & Ors [1980] FCA 18

Baird, David Ian v Evans, A.H. & Ors [1980] FCA 18

Resolutions A to E, passed by the special branch meeting, were not valid directions under the union's rules and improperly transferred powers from the committee of management to the secretary, thereby being invalid and of no effect. The dismissals of Jones and Shelverton were contrary to the rules as procedural requirements for removal were not satisfied. Court orders respondents to treat the relevant resolutions and dismissals as null and void and to perform and observe the correct union rules.

Parties
Claimant: David Ian Baird; Respondents: A.H. Evans & Ors.; Claimant: John William Jones; Claimant: Denis George Shelverton
Jurisdiction
Australia
Judgment Date
26 February 1980
Procedural Posture
Order/application Under Industrial Legislation / Final Orders and Judgment
Outcome
Orders made as sought by the claimants, certain resolutions and dismissals declared null and void, claimants entitled to orders.
Legal Topics
Union Rules and Governance, Interpretation of Union Rules, Dismissal of Union Officials, Procedural Regularity of Union Meetings, Section 141 Conciliation and Arbitration Act 1904
Industrial Law Trade Union Law Union Rules and Governance Interpretation of Union Rules Dismissal of Union Officials Procedural Regularity of Union Meetings Section 141 Conciliation and Arbitration Act 1904

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Parties

David Ian Baird

Claimant

A.H. Evans & Ors.

Respondents

John William Jones

Claimant

Denis George Shelverton

Claimant

Procedural Posture

Order/application Under Industrial Legislation / Final Orders and Judgment

Legal Issues

  1. 1 Whether resolutions passed at the special meeting were valid directions under union rules or amounted to unauthorised alteration of rules
  2. 2 Whether the dismissal of claimants Jones and Shelverton as organisers was in accordance with union rules
  3. 3 Whether transfer of powers from committee of management to the secretary by resolution was valid

Ratio Decidendi

Resolutions A to E, passed by the special branch meeting, were not valid directions under the union's rules and improperly transferred powers from the committee of management to the secretary, thereby being invalid and of no effect. The dismissals of Jones and Shelverton were contrary to the rules as procedural requirements for removal were not satisfied. Court orders respondents to treat the relevant resolutions and dismissals as null and void and to perform and observe the correct union rules.

Court Disposition

Orders made as sought by the claimants, certain resolutions and dismissals declared null and void, claimants entitled to orders.

Orders

  • Each of the respondents to perform and observe the rules of the Federated Liquor and Allied Industries Employees Union of Australia by treating as null and void (a) specified motions from the special meeting of 27 November 1979; (b) the decisions purporting to dismiss John William Jones and Denis George Shelverton...