Hodder, E.R. v. The Australian Workers Union [1985] FCA 445

Hodder, E.R. v. The Australian Workers Union [1985] FCA 445

The new rule 36A, if certified by the Registrar, would dispose of the applicant's objection regarding disproportionate voting strength and would not conflict with s.140(1)(c) of the Conciliation and Arbitration Act 1904.

Source-derived case information.

Parties
Applicant: Erpod Paymond Hodder; Respondent: The Australian Workers' Union
Jurisdiction
Australia
Judgment Date
06 September 1985
Procedural Posture
Application / Post Judgment (consideration of Amended Rules and Adjournment)
Outcome
Proceedings adjourned to a date to be fixed, pending certification by the Registrar.
Legal Topics
Union Rules Conformity, Voting Strength of Branch Representatives, Oppressiveness of Union Rules
Industrial Law Union Rules Conformity Voting Strength of Branch Representatives Oppressiveness of Union Rules

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Parties

Erpod Paymond Hodder

Applicant

The Australian Workers' Union

Respondent

Procedural Posture

Application / Post Judgment (consideration of Amended Rules and Adjournment)

Legal Issues

  1. 1 Whether the new rule 36A of the Australian Workers' Union is in conformity with s.140(1)(c) of the Conciliation and Arbitration Act 1904
  2. 2 Whether the old rule was oppressive due to disproportionate voting strength among branch representatives

Ratio Decidendi

The new rule 36A, if certified by the Registrar, would dispose of the applicant's objection regarding disproportionate voting strength and would not conflict with s.140(1)(c) of the Conciliation and Arbitration Act 1904.

Court Disposition

Proceedings adjourned to a date to be fixed, pending certification by the Registrar.

Orders

  • Proceedings are adjourned to a date to be fixed.