In the matter of the Australian Rope & Cordage Workers Union an organisaton Of Employees Registered Under the Provision of the Conciliation & Arbitration Act v In the matter of an application for validation of Decisons of the Federal Council Said Organisation. [1980] FCA 50

In the matter of the Australian Rope & Cordage Workers Union an organisaton Of Employees Registered Under the Provision of the Conciliation & Arbitration Act v In the matter of an application for validation of Decisons of the Federal Council Said Organisation. [1980] FCA 50

The orders validating the meeting, election of officers, and rule amendment should be made, as they will not cause substantial injustice and are necessary for the functioning of the union, subject to the industrial registrar's certification.

Parties
Applicant: Australian Rope and Cordage Workers Union; Other: Industrial Registrar
Jurisdiction
Australia
Judgment Date
03 April 1980
Procedural Posture
Application for Validation / Judgment on Application
Outcome
application granted
Legal Topics
Union Governance, Election Validity, Rule Amendment Validation
Industrial Law Union Governance Election Validity Rule Amendment Validation

Case Brief

Summary, issues, holding and outcome

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Parties

Australian Rope and Cordage Workers Union

Applicant

Industrial Registrar

Other

Procedural Posture

Application for Validation / Judgment on Application

Legal Issues

  1. 1 Whether the election of federal officers held without a quorum is valid
  2. 2 Whether the amendment to rule 7 of the union's rules, made without a quorum, can be validated
  3. 3 Whether validation of these actions would cause substantial injustice

Ratio Decidendi

The orders validating the meeting, election of officers, and rule amendment should be made, as they will not cause substantial injustice and are necessary for the functioning of the union, subject to the industrial registrar's certification.

Court Disposition

application granted

Orders

  • The meeting of the federal council held on 20 March 1979 is to be treated as a valid meeting.
  • The election of C. Betts as federal president, P. Mead as general secretary, and K. Harvey as federal vice president is to be treated as valid.