Adams, Geoffrey David v M.K. Hill & Ors [1984] FCA 163

Adams, Geoffrey David v M.K. Hill & Ors [1984] FCA 163

Properly construed, Rule 21 did not permit the Tasmanian State Council to act as the constituency for electing delegates to the A.L.P. State Council. The words 'arrange for the election' imposed an administrative duty, not an elective power, and the Rules implied that the constituency was the financial membership of the Tasmanian branch as a whole. Election by State Council would therefore be beyond power, not merely a procedural irregularity or substantial compliance. The discretionary considerations advanced by the respondents did not justify refusing relief, although the exact form of directions was left for further hearing.

Jurisdiction
Australia
Judgment Date
16 June 1984
Procedural Posture
Application Under S.141 of the Conciliation and Arbitration Act, 1904 for Enforcement of Rules of a Registered Organisation / Return of an Order to Show Cause; Reasons Given and Further Hearing Stood Over for Consideration of Orders
Outcome
The applicant succeeded on the substantive construction issue; the matter was stood over for further hearing on the form of orders and costs.
Legal Topics
['enforcement of Union Rules' 'election of Union Delegates' 'construction of Union Rules' 'registered Organisations' 'australian Labor Party State Council Delegates' 'discretion to Grant Relief Under S.141']
['industrial Law'] ['enforcement of Union Rules' 'election of Union Delegates' 'construction of Union Rules' 'registered Organisations' 'australian Labor Party State Council Delegates' 'discretion to Grant Relief Under S.141']

Case Brief

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Procedural Posture

Application Under S.141 of the Conciliation and Arbitration Act, 1904 for Enforcement of Rules of a Registered Organisation / Return of an Order to Show Cause; Reasons Given and Further Hearing Stood Over for Consideration of Orders

Legal Issues

  1. 1 ["Whether Rule 21 of the Union's Rules empowered the Tasmanian State Council of the Union to elect or select the Union's delegates to the Australian Labor Party State Council itself." "Whether the words 'arrange for the election' in Rule 21 authorised the State Council to choose itself, or another Union organ, as the constituency for election of delegates." 'Whether the Rules implied that delegates must be elected by all financial members of the Tasmanian branch.' 'Whether s.133 of the Conciliation and Arbitration Act, 1904 affected the construction or enforcement of the Rules in this s.141 proceeding.' 'Whether election by State Council could be treated as substantial compliance with the Rules.' 'Whether the Court should exercise its discretion under s.141 to grant directions despite past practice and the imminence of the A.L.P. State Council meeting.']

Ratio Decidendi

Properly construed, Rule 21 did not permit the Tasmanian State Council to act as the constituency for electing delegates to the A.L.P. State Council. The words 'arrange for the election' imposed an administrative duty, not an elective power, and the Rules implied that the constituency was the financial membership of the Tasmanian branch as a whole. Election by State Council would therefore be beyond power, not merely a procedural irregularity or substantial compliance. The discretionary considerations advanced by the respondents did not justify refusing relief, although the exact form of directions was left for further hearing.

Court Disposition

The applicant succeeded on the substantive construction issue; the matter was stood over for further hearing on the form of orders and costs.

Orders

  • ['Further hearing of the matter stood over to a date to be fixed.' "The applicant directed to bring in Short Minutes of the Orders sought in light of the Court's conclusions." 'Costs reserved to be dealt with at the further hearing.']