Freda Bogar v G Campbell & Ors [1995] IRCA 405

Freda Bogar v G Campbell & Ors [1995] IRCA 405

The office of Federal Secretary - Food and Confectionery Division was required by the union rules to be a full-time paid office because rule 47.12(n) indicated that intention, rule 48.4 was only transitional and did not make the office honorary after 1 September 1994, and the nature and range of the powers and functions attached to the office were such that the rules required it to be full-time.

Jurisdiction
Australia
Judgment Date
18 August 1995
Procedural Posture
Industrial Law Application Concerning Union Rules / Reasons for Judgment After Hearing; Order 1 of the Rule to Show Cause Made, Further Hearing of Order 2 Adjourned
Outcome
Applicant succeeded on order 1; order 2 was adjourned and the interim order of 12 October 1994 continued pending final determination of order 2.
Legal Topics
['union Rules' 'whether Office of the Federal Secretary of a Division Is a Full Time Office' 'construction of Rules of the Automotive, Food, Metals and Engineering Union']
['industrial Law'] ['union Rules' 'whether Office of the Federal Secretary of a Division Is a Full Time Office' 'construction of Rules of the Automotive, Food, Metals and Engineering Union']

Case Brief

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Procedural Posture

Industrial Law Application Concerning Union Rules / Reasons for Judgment After Hearing; Order 1 of the Rule to Show Cause Made, Further Hearing of Order 2 Adjourned

Legal Issues

  1. 1 ['Whether rule 47.12(n) showed that the office of Federal Secretary - Food and Confectionery Division was intended under the rules to be a full-time paid office.' 'Whether rule 48.4 made the position of Federal Secretary, Food and Confectionery Division/Assistant National Secretary an honorary position.' 'Whether the range of duties and responsibilities under rule 47.12 and other rules was consistent only with the office being a full-time paid office.']

Ratio Decidendi

The office of Federal Secretary - Food and Confectionery Division was required by the union rules to be a full-time paid office because rule 47.12(n) indicated that intention, rule 48.4 was only transitional and did not make the office honorary after 1 September 1994, and the nature and range of the powers and functions attached to the office were such that the rules required it to be full-time.

Court Disposition

Applicant succeeded on order 1; order 2 was adjourned and the interim order of 12 October 1994 continued pending final determination of order 2.

Orders

  • ['The respondents, by themselves, their servants or agents, or otherwise, perform and observe the rules of the Automotive, Food, Metals and Engineering Union by treating the office of Federal Secretary - Food and Confectionery Division of the union, currently held by the applicant, as a full-time paid position on...