Campbell v Bogar [1996] IRCA 280

Campbell v Bogar [1996] IRCA 280

Rule 48(4) was a transitional provision with limited operation up to and including 1 September 1994. After that period, rule 5(2) operated so that the Federal Secretary, Food and Confectionery Division, being an Assistant National Secretary, was a full-time office at least from 1 September 1994. Rule 47(12)(n) did not alter that conclusion, and the rules were not relevantly ambiguous so extrinsic affidavit evidence was not admissible for their construction.

Jurisdiction
Australia
Judgment Date
03 July 1996
Procedural Posture
Appeal in Proceedings Brought Under S209 of the Industrial Relations Act 1988 (cth) to Enforce Rules of a Registered Organisation / Appeal From Judgments of Keely J Dated 24 March 1995 and 18 August 1995
Outcome
Appeal dismissed with costs.
Legal Topics
['registered Organisations' 'rules of Organisations' 'interpretation of Rules' 'amalgamation' 'transitional Rules' 'full Time and Honorary Offices']
['industrial Law'] ['registered Organisations' 'rules of Organisations' 'interpretation of Rules' 'amalgamation' 'transitional Rules' 'full Time and Honorary Offices']

Case Brief

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Procedural Posture

Appeal in Proceedings Brought Under S209 of the Industrial Relations Act 1988 (cth) to Enforce Rules of a Registered Organisation / Appeal From Judgments of Keely J Dated 24 March 1995 and 18 August 1995

Legal Issues

  1. 1 ['Whether the office held by the respondent as Federal Secretary of the Food and Confectionery Division of the Union since 2 September 1994 was full-time or honorary/part-time.' "What effect the concluding words of rule 5(2), 'subject to the provisions of rule 48.4', had on the status of the office of Assistant National Secretary/Federal Secretary, Food and Confectionery Division." 'Whether rule 48(4) had only transitional operation ending on 1 September 1994.' 'Whether affidavit evidence about the formulation of the rules and reasons for their adoption should be received in construing the rules.']

Ratio Decidendi

Rule 48(4) was a transitional provision with limited operation up to and including 1 September 1994. After that period, rule 5(2) operated so that the Federal Secretary, Food and Confectionery Division, being an Assistant National Secretary, was a full-time office at least from 1 September 1994. Rule 47(12)(n) did not alter that conclusion, and the rules were not relevantly ambiguous so extrinsic affidavit evidence was not admissible for their construction.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']