Luckman, James v Australian Postal & Telecommunications Union [1978] FCA 112

Luckman, James v Australian Postal & Telecommunications Union [1978] FCA 112

The union's amended rules met the requirements of the Act and addressed earlier objections; steps were being taken to have the amendments certified, so the application should be dismissed.

Parties
Claimant: James Luckman; Respondent: Australian Postal and Telecommunications Union
Jurisdiction
Australia
Judgment Date
12 December 1978
Procedural Posture
Application / Judgment and Orders
Outcome
Application dismissed
Legal Topics
Union Rules, Union Governance, Certification of Rules
Industrial Law Union Rules Union Governance Certification of Rules

Case Brief

Summary, issues, holding and outcome

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Parties

James Luckman

Claimant

Australian Postal and Telecommunications Union

Respondent

Procedural Posture

Application / Judgment and Orders

Legal Issues

  1. 1 Whether amended union rules comply with the Conciliation and Arbitration Act, 1904, specifically section 140
  2. 2 Whether certain rules are unreasonable, oppressive, or unjust

Ratio Decidendi

The union's amended rules met the requirements of the Act and addressed earlier objections; steps were being taken to have the amendments certified, so the application should be dismissed.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.