Allshorn, David Scott v Stapleton, Damien & Ors [1984] FCA 293

Allshorn, David Scott v Stapleton, Damien & Ors [1984] FCA 293

Rule 18(a) of the Association’s rules, which allows an officer to remain in office until the declaration of a subsequent poll, does not contravene the Conciliation and Arbitration Act 1904 because it does not allow an office to be held for more than four years without re-election. The eligibility requirement that only branch Secretaries can hold the office of Federal Secretary means a Federal Secretary must remain a branch Secretary, but removal for ineligibility is a matter for the Federal Council under the rules, and the Court, exercising its discretion, may decline to make orders where there has been delay and elections are imminent.

Parties
Appellant (applicant): David Scott Allshorn; Respondent: Damien Stapleton; Respondent: Clifford John Field; Respondent: Simon Jenkins; Respondent: John William Smith; Respondent: Peter Hull; Respondent: Hec White; Respondent: Elizabeth Bryan; Respondent: Reginald Starr; Respondent: Harry Bluck; Respondent: Robert Cakebread; Respondent: Edward Goldsworthy; Respondent: Wynne Wilson; Respondent: Denis Shelverton; Respondent: Australian Theatrical and Amusement Employees Association
Jurisdiction
Australia
Judgment Date
20 September 1984
Procedural Posture
Appeal / On Appeal From the Federal Court of Australia
Outcome
appeal dismissed
Legal Topics
Conciliation and Arbitration, Construction of Rules, Union Office Holding, Statutory Compliance
Industrial Law Conciliation and Arbitration Construction of Rules Union Office Holding Statutory Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

David Scott Allshorn

Appellant (applicant)

Damien Stapleton

Respondent

Clifford John Field

Respondent

Simon Jenkins

Respondent

John William Smith

Respondent

Peter Hull

Respondent

Hec White

Respondent

Elizabeth Bryan

Respondent

Reginald Starr

Respondent

Harry Bluck

Respondent

Robert Cakebread

Respondent

Edward Goldsworthy

Respondent

Wynne Wilson

Respondent

Denis Shelverton

Respondent

Australian Theatrical and Amusement Employees Association

Respondent

Procedural Posture

Appeal / On Appeal From the Federal Court of Australia

Legal Issues

  1. 1 Whether the rule permitting overholding of union office until the declaration of a subsequent poll is contrary to s.140, Conciliation and Arbitration Act 1904
  2. 2 Whether the rule restricting eligibility to be Federal Secretary to branch Secretaries means the Federal Secretary must remain a branch Secretary throughout their term
  3. 3 Whether the rule is unreasonable or unjust within the meaning of s.140(1)(c)

Ratio Decidendi

Rule 18(a) of the Association’s rules, which allows an officer to remain in office until the declaration of a subsequent poll, does not contravene the Conciliation and Arbitration Act 1904 because it does not allow an office to be held for more than four years without re-election. The eligibility requirement that only branch Secretaries can hold the office of Federal Secretary means a Federal Secretary must remain a branch Secretary, but removal for ineligibility is a matter for the Federal Council under the rules, and the Court, exercising its discretion, may decline to make orders where there has been delay and elections are imminent.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.