Porter, J.G. & Ors v Dugmore, J. [1984] FCA 61

Porter, J.G. & Ors v Dugmore, J. [1984] FCA 61

Union rules did not authorize the adoption or enforcement of the OK card policy by legal sanctions or disciplinary action; powers of management do not extend to such adoption or implementation. The resolution instructing strict adherence to the OK card system was null, void and of no effect, and respondents must refrain from enforcing the policy through union rules.

Parties
Appellants: J.G. Porter & Ors.; Respondent: J. Dugmore
Jurisdiction
Australia
Judgment Date
02 April 1984
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court
Outcome
appeal dismissed
Legal Topics
Trade Union Rules, Conciliation and Arbitration Act, Restraint of Trade, Union Policy Enforcement
Industrial Law Trade Union Rules Conciliation and Arbitration Act Restraint of Trade Union Policy Enforcement

Case Brief

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Parties

J.G. Porter & Ors.

Appellants

J. Dugmore

Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 Whether the OK card policy of the union was authorised by the rules of the registered organisation, either expressly or impliedly.
  2. 2 Whether the policy contravened section 140(1) of the Conciliation and Arbitration Act 1904.
  3. 3 Whether the union could enforce the OK card policy by legal sanctions or disciplinary mechanisms.

Ratio Decidendi

Union rules did not authorize the adoption or enforcement of the OK card policy by legal sanctions or disciplinary action; powers of management do not extend to such adoption or implementation. The resolution instructing strict adherence to the OK card system was null, void and of no effect, and respondents must refrain from enforcing the policy through union rules.

Court Disposition

appeal dismissed

Orders

  • Respondents and each of them perform and observe the rules of the Printing and Kindred Industries Union by treating the resolution passed at the mass meeting of members of the New South Wales branch of the union on 23 August 1977 as null, void and of no effect to the extent that the said resolution instructs them to...
  • Respondents perform and observe the rules of the union by not taking any action with the object or effect of enforcing the policy of the OK card system as instructed by the mass meeting on 23 August 1977.