Alteration of Rules of the Airlines Hostess Association An organisation of employees registered under the said Act [1980] FCA 137

Parties

Procedural Posture

Reference—questions of Law / Decision on Reference

Legal Issues

1. 1 Do the association's rules satisfy the statutory requirements for election of each office under s.133(1)(a) of the Conciliation and Arbitration Act 1904 and reg. 115(1)(d)?
2. 2 Whether rules allowing office holders to become committee members ex officio (without further election) are valid under the Act and regulations.

Ratio Decidendi

A majority of the Court held that the rules as formulated, where election to certain union offices such as Secretary or President carries ex officio membership of federal or branch committees of management or councils, satisfy the requirements of s.133(1)(a) of the Conciliation and Arbitration Act and reg. 115(1)(d), provided the nature, powers, and consequences of holding specific office are made clear to those voting. It is not necessary for there to be a separate election for each distinct office if the chosen structure is appropriately disclosed and the election process is democratic.

Court Disposition

Majority: Rules valid (election requirement satisfied); Minority: Some rules invalid (election requirement not satisfied for all committee positions).

Orders

• Questions 1 and 2(a)-(c) answered 'No' to invalidity—rules do comply for purposes of the statutory requirements with the exception of contrary view expressed in the minority reasons.
• Majority finds no basis to invalidate rules providing for ex officio committee membership where those holding the position are elected and the structure is clear to members.