Young, Digby v Australian Workers Union [1984] FCA 418

Young, Digby v Australian Workers Union [1984] FCA 418

The union rules unreasonably restrict the right to vote of members who pay their annual contributions by instalments; such members may never become entitled to vote despite fulfilling their payment obligations under the rule-approved instalment scheme. This constitutes an unreasonable restriction on members, having regard to the democratic objects of the Act, and is therefore contrary to s.140(1)(c) of the Conciliation and Arbitration Act 1904.

Parties
Applicant: Digby Young; Respondent: The Australian Workers' Union
Jurisdiction
Australia
Judgment Date
07 December 1984
Procedural Posture
Industrial Law – Validity of Union Rules / Hearing of Two Consolidated Rules to Show Cause; Decision and Orders
Outcome
Application upheld in part; case adjourned to allow respondent to alter its rules
Legal Topics
Union Rules, Entitlement to Vote, Validity of Rules Under Industrial Law, Reasonableness of Restrictions on Voting Rights
Industrial Law Employment Law Union Rules Entitlement to Vote Validity of Rules Under Industrial Law Reasonableness of Restrictions on Voting Rights

Case Brief

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Parties

Digby Young

Applicant

The Australian Workers' Union

Respondent

Procedural Posture

Industrial Law – Validity of Union Rules / Hearing of Two Consolidated Rules to Show Cause; Decision and Orders

Legal Issues

  1. 1 Whether union rules relating to voting rights contravene or fail to make a provision required by the Conciliation and Arbitration Act 1904 or associated regulations
  2. 2 Whether union rules impose unreasonable or oppressive restrictions on members who pay contributions by instalments

Ratio Decidendi

The union rules unreasonably restrict the right to vote of members who pay their annual contributions by instalments; such members may never become entitled to vote despite fulfilling their payment obligations under the rule-approved instalment scheme. This constitutes an unreasonable restriction on members, having regard to the democratic objects of the Act, and is therefore contrary to s.140(1)(c) of the Conciliation and Arbitration Act 1904.

Court Disposition

Application upheld in part; case adjourned to allow respondent to alter its rules

Orders

  • Proceedings adjourned until 9.30am on Friday 15 March 1985 at Sydney to allow respondent the opportunity to alter its rules pursuant to s.140(6) of the Conciliation and Arbitration Act 1904.