Young, D. v. The Australlian Workers Union [1985] FCA 414

Young, D. v. The Australlian Workers Union [1985] FCA 414

Properly construed, the amendments required at least 50% of the annual contribution to be paid under r. 9A and did not require members liable only for that amount to pay the whole annual contribution under r. 20(g). Although the amendments created administrative difficulties, those difficulties were not severe enough to impose oppressive, unreasonable or unjust conditions under s. 140(1)(c), and the previously identified defects were cured.

Jurisdiction
Australia
Judgment Date
27 May 1985
Procedural Posture
Industrial Law Proceeding Concerning Validity of Rules of a Registered Organization / Determination After Adjournment Under S. 140(6) of the Conciliation and Arbitration Act 1904 Whether Rule Amendments Cured Defects Previously Identified
Outcome
Rule to Show Cause discharged in each proceeding.
Legal Topics
['registered Organizations' 'validity of Rules' 'construction of Union Rules' 'conciliation and Arbitration Act 1904, S. 140']
['industrial Law'] ['registered Organizations' 'validity of Rules' 'construction of Union Rules' 'conciliation and Arbitration Act 1904, S. 140']

Case Brief

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Procedural Posture

Industrial Law Proceeding Concerning Validity of Rules of a Registered Organization / Determination After Adjournment Under S. 140(6) of the Conciliation and Arbitration Act 1904 Whether Rule Amendments Cured Defects Previously Identified

Legal Issues

  1. 1 ["Whether the amendments made to the respondent's rules overcame the objections previously held to be valid." 'Whether administrative difficulties arising from the amended rules amounted to conditions that were oppressive, unreasonable or unjust under s. 140(1)(c) of the Conciliation and Arbitration Act 1904.' 'Whether the new paragraph in r. 20(g) required members otherwise liable to pay only 50% of the annual contribution under r. 9A to pay the whole annual contribution.']

Ratio Decidendi

Properly construed, the amendments required at least 50% of the annual contribution to be paid under r. 9A and did not require members liable only for that amount to pay the whole annual contribution under r. 20(g). Although the amendments created administrative difficulties, those difficulties were not severe enough to impose oppressive, unreasonable or unjust conditions under s. 140(1)(c), and the previously identified defects were cured.

Court Disposition

Rule to Show Cause discharged in each proceeding.

Orders

  • ['In each of these proceedings, the Rule to Show Cause be discharged.']