Australian Workers' Union v Bowen (No 2) [1948] HCA 35

Australian Workers' Union v Bowen (No 2) [1948] HCA 35

Expulsions by the Executive Council were not invalid solely due to the Secretary’s participation as prosecutor and judge, as permitted by union rules; the six expelled members who appealed to the Convention cannot now complain the Council's proceedings violated principles of natural justice, as the Convention gave fresh authority to the expulsions. For Renwick, whose appeal was not dealt with, the expulsion remains invalid.

Parties
Appellant: Australian Workers' Union; Appellant: Members of the Executive Council of the Australian Workers' Union; Respondent: Cornelius Joseph Patrick Bowen; Respondent: Thomas Renwick; Respondent: Oliver Hearne; Respondent: Leo George King; Respondent: Thomas William Dalton; Respondent: John Moss; Respondent: Edward Ryan Irvine
Jurisdiction
Australia
Procedural Posture
Appeal / Decision
Outcome
Appeal allowed in respect of respondents other than Thomas Renwick; order as to costs varied.
Legal Topics
Expulsion From Trade Union, Natural Justice, Bias in Domestic Tribunal, Union Rules and Governance
Employment Law Trade Union Law Expulsion From Trade Union Natural Justice Bias in Domestic Tribunal Union Rules and Governance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Australian Workers' Union

Appellant

Members of the Executive Council of the Australian Workers' Union

Appellant

Cornelius Joseph Patrick Bowen

Respondent

Thomas Renwick

Respondent

Oliver Hearne

Respondent

Leo George King

Respondent

Thomas William Dalton

Respondent

John Moss

Respondent

Edward Ryan Irvine

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the expulsion of members from the Australian Workers’ Union was valid under the rules and in accordance with natural justice
  2. 2 Whether participation of the secretary (prosecutor) in tribunal deliberations vitiated the proceedings
  3. 3 Effect of appeal to the supreme tribunal of the union on the expulsion

Ratio Decidendi

Expulsions by the Executive Council were not invalid solely due to the Secretary’s participation as prosecutor and judge, as permitted by union rules; the six expelled members who appealed to the Convention cannot now complain the Council's proceedings violated principles of natural justice, as the Convention gave fresh authority to the expulsions. For Renwick, whose appeal was not dealt with, the expulsion remains invalid.

Court Disposition

Appeal allowed in respect of respondents other than Thomas Renwick; order as to costs varied.

Orders

  • Order of the Commonwealth Court of Conciliation and Arbitration set aside for respondents other than Renwick.
  • For Renwick, the order remains that he is to be recognized as a member.