Scott, Kevin Charles & Ors v Rolfe, Arthur George Wetford & Ors [1979] FCA 76

Scott, Kevin Charles & Ors v Rolfe, Arthur George Wetford & Ors [1979] FCA 76

The court held that rule 24(a) is not oppressive, unreasonable or unjust nor does it fail to provide for control of the committees by the members, having regard to the organization’s structure, autonomy of divisions, voting mechanisms, opportunities for plebiscites, and periodic secret ballot elections. The rules thus comply with section 140 of the Act.

Parties
Claimant: Kevin Charles Scott; Claimant: Anthony Galvin Redford; Claimant: Peter Kevin Presdee; Claimant: John Bernard Flynn; Claimant: John William Drysdale; Respondent: Arthur George Wellford Rolfe; Respondent: Robert Rudge; Respondent: Arthur J. Mobbs; Respondent: William James Burton; Respondent: Kevin Walsh; Respondent: Ivan R. Bassett; Respondent: Christopher B. Carroll; Respondent: A.J. Hall; Respondent: B.B. Linthorne; Respondent: P.T. Armstrong; Respondent: M.T. O'Connor; Respondent: J.E. Heslewood; Respondent: P.F. Islip; Respondent: J.L. Slattery; Respondent: P.T. Thorne; Respondent: P.A. Hilton; Respondent: D. Mahon; Respondent: P.F. Connolly; Respondent: W.A. Maley; Respondent: T.J. Flannagan; Respondent: J.P. Miles; Respondent: D.W. O'Neil; Respondent: The Commonwealth Bank Officers' Association
Jurisdiction
Australia
Judgment Date
09 August 1979
Procedural Posture
Application Under the Conciliation and Arbitration Act, 1904, Ss.140 and 141 / Judgment and Orders
Outcome
Application (as to r.24(a)) dismissed; agreed orders made as to certain conference resolutions
Legal Topics
Oppressiveness, Unreasonableness and Justice of Organisation Rules, Control of Committees by Members, Voting Rights and Branch Representation, Trade Union Governance
Industrial Law Oppressiveness, Unreasonableness and Justice of Organisation Rules Control of Committees by Members Voting Rights and Branch Representation Trade Union Governance

Case Brief

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Parties

Kevin Charles Scott

Claimant

Anthony Galvin Redford

Claimant

Peter Kevin Presdee

Claimant

John Bernard Flynn

Claimant

John William Drysdale

Claimant

Arthur George Wellford Rolfe

Respondent

Robert Rudge

Respondent

Arthur J. Mobbs

Respondent

William James Burton

Respondent

Kevin Walsh

Respondent

Ivan R. Bassett

Respondent

Christopher B. Carroll

Respondent

A.J. Hall

Respondent

B.B. Linthorne

Respondent

P.T. Armstrong

Respondent

M.T. O'Connor

Respondent

J.E. Heslewood

Respondent

P.F. Islip

Respondent

J.L. Slattery

Respondent

P.T. Thorne

Respondent

P.A. Hilton

Respondent

D. Mahon

Respondent

P.F. Connolly

Respondent

W.A. Maley

Respondent

T.J. Flannagan

Respondent

J.P. Miles

Respondent

D.W. O'Neil

Respondent

The Commonwealth Bank Officers' Association

Respondent

Procedural Posture

Application Under the Conciliation and Arbitration Act, 1904, Ss.140 and 141 / Judgment and Orders

Legal Issues

  1. 1 Whether r.24(a) of the rules is oppressive, unreasonable or unjust under s.140 of the Conciliation and Arbitration Act, 1904
  2. 2 Whether the rules sufficiently provide for control of committees by members

Ratio Decidendi

The court held that rule 24(a) is not oppressive, unreasonable or unjust nor does it fail to provide for control of the committees by the members, having regard to the organization’s structure, autonomy of divisions, voting mechanisms, opportunities for plebiscites, and periodic secret ballot elections. The rules thus comply with section 140 of the Act.

Court Disposition

Application (as to r.24(a)) dismissed; agreed orders made as to certain conference resolutions

Orders

  • The individual respondents to perform and observe the rules of the organization by treating as void and of no effect the resolutions carried at special meetings of the conference of the Commonwealth Bank Officers' Association on 14 and 15 June, 1979, concerning the N.S.W. Executive's actions and the Federal...
  • Orders nisi otherwise discharged.