Sherrif, G.E & Ors v. Townsend, L.C. & Ors [1980] FCA 44

Sherrif, G.E & Ors v. Townsend, L.C. & Ors [1980] FCA 44

Rules providing for equal representation of unequally sized branches on Federal Council contravene s.140(1)(c) and are void; exclusion of branch secretaries from eligibility and accession to council without separate election contravene the Act and regulations; various elections/resolutions by council not validly constituted are null and void. Court may approve a scheme to reconstitute the Federal Council to remedy unlawful imbalance.

Parties
Claimants: Garry Earnest Sherriff & Others; Respondents: Leonard Cecil Townsend & Others; Applicants (nsw Branch): J.S. Thompson, J. O'Neill, W. Taylor; Claimants (added to V No. 12 of 1979): E.M. McManus, S. Loucanaris, J.E. Ford, A. Harvey, T. Gearon, P. Slevin, J.J. McDougall, R. Bennion, A.C. Knight, M. Anderson
Jurisdiction
Australia
Judgment Date
03 April 1980
Procedural Posture
Applications for Declarations and Orders Regarding Validity of Rules and Elections of a Registered Employees' Organisation / Final Judgment and Orders; Concurrent Hearing by Full Court
Outcome
Orders (declarations) granted in part; applications for validation refused; scheme for reconstitution approved.
Legal Topics
Union Rules Compliance With Statutory Provisions, Branch Representation, Committee of Management Elections, Validation and Reconstitution of Governing Bodies, Oppression or Unfair Rules, Scheme Approval Under Trade Union Law
Industrial Law Employment Law Union Rules Compliance With Statutory Provisions Branch Representation Committee of Management Elections Validation and Reconstitution of Governing Bodies Oppression or Unfair Rules Scheme Approval Under Trade Union Law

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Parties

Garry Earnest Sherriff & Others

Claimants

Leonard Cecil Townsend & Others

Respondents

J.S. Thompson, J. O'Neill, W. Taylor

Applicants (nsw Branch)

E.M. McManus, S. Loucanaris, J.E. Ford, A. Harvey, T. Gearon, P. Slevin, J.J. McDougall, R. Bennion, A.C. Knight, M. Anderson

Claimants (added to V No. 12 of 1979)

Procedural Posture

Applications for Declarations and Orders Regarding Validity of Rules and Elections of a Registered Employees' Organisation / Final Judgment and Orders; Concurrent Hearing by Full Court

Legal Issues

  1. 1 Do rules governing representation and elections within the Vehicle Builders Employees Federation of Australia contravene s.140(1) of the Conciliation and Arbitration Act 1904?
  2. 2 Does the equal branch representation on Federal Council despite disparate branch membership numbers violate the Act?
  3. 3 Is exclusion of branch secretaries from election to Federal Council valid?

Ratio Decidendi

Rules providing for equal representation of unequally sized branches on Federal Council contravene s.140(1)(c) and are void; exclusion of branch secretaries from eligibility and accession to council without separate election contravene the Act and regulations; various elections/resolutions by council not validly constituted are null and void. Court may approve a scheme to reconstitute the Federal Council to remedy unlawful imbalance.

Court Disposition

Orders (declarations) granted in part; applications for validation refused; scheme for reconstitution approved.

Orders

  • Declaration that Federal Council rules contravene s.140(1)(a) and (c) and are void in specified respects.
  • Directions that elections of President, Vice-President, Trustees in March 1979 are null and void.