Kidd, J.G. v. Amalgamated Metal Workers & Shipwrighters Union [1982] FCA 216

Kidd, J.G. v. Amalgamated Metal Workers & Shipwrighters Union [1982] FCA 216

Mr. Bali was not eligible for nomination as Assistant National Secretary because, during the relevant 12 months, he was neither working at a qualifying trade/calling, nor prevented from such work by 'unemployment' as intended by the rules, nor was he a representative under Rule 1(e) by reason of being an alderman or...

Source-derived case information.

Parties
Applicant: Jack Gordon Kidd; Respondent: Karoly Gyorzy Bali; Union: Amalgamated Metal Workers' & Shipwrights' Union
Jurisdiction
Australia
Judgment Date
14 October 1982
Procedural Posture
Application for Inquiry Into Union Election / Judgment
Outcome
Nomination invalid; declaration made.
Legal Topics
Union Elections, Eligibility of Candidates, Construction of Union Rules
Industrial Law Trade Union Law Union Elections Eligibility of Candidates Construction of Union Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jack Gordon Kidd

Applicant

Karoly Gyorzy Bali

Respondent

Amalgamated Metal Workers' & Shipwrights' Union

Union

Procedural Posture

Application for Inquiry Into Union Election / Judgment

Legal Issues

  1. 1 Whether Karoly Gyorzy Bali was eligible for nomination as Assistant National Secretary under the Union rules.
  2. 2 Whether membership and representation under Rule 1(e) applied to Mr. Bali's position as alderman and Labor Party endorsement.
  3. 3 Whether Mr. Bali was prevented from working in the metal industry by 'unemployment' as required by the rules.

Ratio Decidendi

Mr. Bali was not eligible for nomination as Assistant National Secretary because, during the relevant 12 months, he was neither working at a qualifying trade/calling, nor prevented from such work by 'unemployment' as intended by the rules, nor was he a representative under Rule 1(e) by reason of being an alderman or Labor Party candidate.

Court Disposition

Nomination invalid; declaration made.

Orders

  • Declaration that the nomination of Karoly Gyorzy Bali as a candidate for election to the office of Assistant National Secretary is invalid.