Luckman, J. v Australian Postal and Telecommunications Union [1978] FCA 87

Luckman, J. v Australian Postal and Telecommunications Union [1978] FCA 87

Rules 6, 6A, 9, 21, 22, 31(g), and 31(h) of the union are objectionable as they do not provide for proper democratic control by members and/or impose conditions which are oppressive, unreasonable, or unjust, and thus contravene s.140 of the Conciliation and Arbitration Act, 1904.

Parties
Claimant: James Luckman; Respondent: Australian Postal and Telecommunications Union
Jurisdiction
Australia
Judgment Date
10 October 1978
Procedural Posture
Application / Reasons for Judgment
Outcome
Proceedings adjourned to allow the union an opportunity to amend its rules.
Legal Topics
Union Rules, Democratic Control of Organisations, Oppressive Rules in Registered Organisations
Labour Law Industrial Law Union Rules Democratic Control of Organisations Oppressive Rules in Registered Organisations

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Parties

James Luckman

Claimant

Australian Postal and Telecommunications Union

Respondent

Procedural Posture

Application / Reasons for Judgment

Legal Issues

  1. 1 Whether certain rules of the Australian Postal and Telecommunications Union contravene s.140 of the Conciliation and Arbitration Act, 1904 by being undemocratic, oppressive, unreasonable, or unjust

Ratio Decidendi

Rules 6, 6A, 9, 21, 22, 31(g), and 31(h) of the union are objectionable as they do not provide for proper democratic control by members and/or impose conditions which are oppressive, unreasonable, or unjust, and thus contravene s.140 of the Conciliation and Arbitration Act, 1904.

Court Disposition

Proceedings adjourned to allow the union an opportunity to amend its rules.

Orders

  • Proceedings adjourned for a period to allow the union to amend its rules to conform with s.140 of the Conciliation and Arbitration Act, 1904.
  • Court to hear submissions on the length and terms of adjournment.