Kayne, Ivan v. The Australian Broadcasting Commission Staff Association [1978] FCA 64

Kayne, Ivan v. The Australian Broadcasting Commission Staff Association [1978] FCA 64

Sub-rule 22(n), so far as it contains the words 'Federal vice-Presidents', and sub-rule 24(f) impose restrictions on members which are oppressive, unreasonable, or unjust in contravention of s.140(1)(c) of the Conciliation and Arbitration Act, 1904, and are partially invalid; these rules deprive more than half the members of their right to stand for important offices and participation in management.

Parties
Claimant: Ivan Kayne; Respondent: Australian Broadcasting Commission Staff Association
Jurisdiction
Australia
Judgment Date
11 August 1978
Procedural Posture
Application Under the Conciliation and Arbitration Act, 1904, S.140 / Final Determination – Reasons for Judgment and Orders
Outcome
Declaration of partial invalidity; application allowed in part.
Legal Topics
Oppressive Association Rules, Democratic Control of Organisations, Registration Requirements for Employee Organisations
Industrial Law Oppressive Association Rules Democratic Control of Organisations Registration Requirements for Employee Organisations

Case Brief

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Parties

Ivan Kayne

Claimant

Australian Broadcasting Commission Staff Association

Respondent

Procedural Posture

Application Under the Conciliation and Arbitration Act, 1904, S.140 / Final Determination – Reasons for Judgment and Orders

Legal Issues

  1. 1 Whether rules 22(n) and 24(f) of the Association contravene s.140(1)(c) of the Conciliation and Arbitration Act, 1904, by imposing oppressive, unreasonable or unjust restrictions.
  2. 2 Whether sub-rules are contrary to regulation 115(1)(d)(i)(v) by limiting democratic control of the Association.

Ratio Decidendi

Sub-rule 22(n), so far as it contains the words 'Federal vice-Presidents', and sub-rule 24(f) impose restrictions on members which are oppressive, unreasonable, or unjust in contravention of s.140(1)(c) of the Conciliation and Arbitration Act, 1904, and are partially invalid; these rules deprive more than half the members of their right to stand for important offices and participation in management.

Court Disposition

Declaration of partial invalidity; application allowed in part.

Orders

  • Declare sub-rule 22(n) so far as it contains the words 'Federal vice-Presidents' contravenes s.140(1)(c) as oppressive, unreasonable or unjust.
  • Declare sub-rule 24(f) contravenes s.140(1)(c) as oppressive, unreasonable or unjust.