Hodder, E.R. v. The Australian Workers Union [1985] FCA 366

Hodder, E.R. v. The Australian Workers Union [1985] FCA 366

Rule 36 of the Union's rules, which gives each State branch equal representation on the Executive Council regardless of branch membership size, results in an undemocratic composition. This, when combined with the wide legislative powers of the Executive, produces a structure that is oppressive, unreasonable, or unjust within the meaning of s.140(1)(c) of the Conciliation and Arbitration Act 1904. The combination breaches the Act's requirement for democratic control and just representation, particularly as significant power may be exercised by minority branches.

Parties
Applicant: Errol Raymond Hodder; Respondent: The Australian Workers' Union
Jurisdiction
Australia
Judgment Date
02 August 1985
Procedural Posture
Industrial Law Application / Interlocutory Judgment With Adjournment for Further Submissions
Outcome
Application adjourned for further submissions; no declaration made at this stage.
Legal Topics
Union Rules, Democratic Control of Organizations, Representation and Voting Rights, Powers of Executive Bodies in Unions
Industrial Law Union Rules Democratic Control of Organizations Representation and Voting Rights Powers of Executive Bodies in Unions

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Parties

Errol Raymond Hodder

Applicant

The Australian Workers' Union

Respondent

Procedural Posture

Industrial Law Application / Interlocutory Judgment With Adjournment for Further Submissions

Legal Issues

  1. 1 Whether the composition of the Executive Council of the Australian Workers' Union (equal representation from each branch despite member disparity) is contrary to s.140(1)(c) of the Conciliation and Arbitration Act 1904 by being oppressive, unreasonable, or unjust.

Ratio Decidendi

Rule 36 of the Union's rules, which gives each State branch equal representation on the Executive Council regardless of branch membership size, results in an undemocratic composition. This, when combined with the wide legislative powers of the Executive, produces a structure that is oppressive, unreasonable, or unjust within the meaning of s.140(1)(c) of the Conciliation and Arbitration Act 1904. The combination breaches the Act's requirement for democratic control and just representation, particularly as significant power may be exercised by minority branches.

Court Disposition

Application adjourned for further submissions; no declaration made at this stage.

Orders

  • The application be adjourned to a date to be fixed.