Griffiths v Ansett Pilots Association [2001] FCA 1215

Griffiths v Ansett Pilots Association [2001] FCA 1215

The rules of the Ansett Pilots Association fail to provide for practical and timely control of the Committee of Management by members, as required by s 195(1)(b)(iv) of the Workplace Relations Act 1996. The defects are not remedied by the plebiscite rule, which allows potentially excessive delays and restricts members' ability to effectively exercise control, thereby contravening s 196 of the Act.

Jurisdiction
Australia
Judgment Date
30 August 2001
Procedural Posture
Industrial Law Application Regarding Rules of an Association / Judgment After Hearing Amended Order Nisi
Outcome
Rules contravene section 196 of the Workplace Relations Act 1996; declaration made.
Legal Topics
['control of Committees by Members' 'organisational Rules Under Workplace Relations Act' 'oppressiveness/unreasonableness of Association Rules' 'referendum/plebiscite Provisions in Association Rules']
['industrial Law'] ['control of Committees by Members' 'organisational Rules Under Workplace Relations Act' 'oppressiveness/unreasonableness of Association Rules' 'referendum/plebiscite Provisions in Association Rules']

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Procedural Posture

Industrial Law Application Regarding Rules of an Association / Judgment After Hearing Amended Order Nisi

Legal Issues

  1. 1 ['Do the rules of the Ansett Pilots Association provide for control of its Committee of Management by the members as required by s 195(1)(b)(iv) of the Workplace Relations Act 1996?' 'Does the plebiscite (referendum) mechanism in rule 56 meet statutory requirements?' 'Are the rules oppressive, unreasonable or unjust within s 196(c) of the Workplace Relations Act 1996?']

Ratio Decidendi

The rules of the Ansett Pilots Association fail to provide for practical and timely control of the Committee of Management by members, as required by s 195(1)(b)(iv) of the Workplace Relations Act 1996. The defects are not remedied by the plebiscite rule, which allows potentially excessive delays and restricts members' ability to effectively exercise control, thereby contravening s 196 of the Act.

Court Disposition

Rules contravene section 196 of the Workplace Relations Act 1996; declaration made.

Orders

  • ['It is declared that the rules of the Ansett Pilots Association contravene s 196 of the Workplace Relations Act 1996 (Cth) by failing to provide for control of the Committee of Management by the members as required by s 195(1)(b)(iv).' 'The Association is released from the undertaking given to the Court before...