Grimshaw, Geoffrey Allan v Petrie, Jack & Ors [1982] FCA 291

Grimshaw, Geoffrey Allan v Petrie, Jack & Ors [1982] FCA 291

The proper construction of rule 22(a) does not allow rank and file members to hold certain union offices, and it would be inappropriate to order the acceptance of a nomination where the rules clearly preclude holding the office, despite the absence of explicit prohibition of nomination.

Parties
Applicant: Geoffrey Allan Grimshaw; Respondent: Jack Petrie; Respondent: Ivan Hongson; Respondent: Transport Workers' Union of Australia
Jurisdiction
Australia
Judgment Date
17 December 1982
Procedural Posture
Industrial Dispute / Reasons for Judgment
Outcome
Proceedings adjourned to allow the organization an opportunity to alter its rules following findings that rule 22(a) contravenes s.140(1)(c).
Legal Topics
Union Rules, Membership Eligibility, Nomination for Office, Rule Construction
Industrial Law Union Rules Membership Eligibility Nomination for Office Rule Construction

Case Brief

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Parties

Geoffrey Allan Grimshaw

Applicant

Jack Petrie

Respondent

Ivan Hongson

Respondent

Transport Workers' Union of Australia

Respondent

Procedural Posture

Industrial Dispute / Reasons for Judgment

Legal Issues

  1. 1 Whether Mr. Grimshaw was a member of the Transport Workers' Union of Australia
  2. 2 Whether orders should be made to compel acceptance of Mr. Grimshaw's nomination
  3. 3 Proper construction of rule 22(a) of the Transport Workers' Union rules

Ratio Decidendi

The proper construction of rule 22(a) does not allow rank and file members to hold certain union offices, and it would be inappropriate to order the acceptance of a nomination where the rules clearly preclude holding the office, despite the absence of explicit prohibition of nomination.

Court Disposition

Proceedings adjourned to allow the organization an opportunity to alter its rules following findings that rule 22(a) contravenes s.140(1)(c).

Orders

  • Proceedings adjourned to Monday, 13 June, 1983 at 10.15am in Melbourne
  • Liberty to any party to apply