Rule, J.A. v. The Australian Workers Union [1985] FCA 452

Rule, J.A. v. The Australian Workers Union [1985] FCA 452

Rules 51(b) and relevant parts of 68 of the Australian Workers' Union are oppressive and unreasonable within s.140(1)(c) of the Conciliation and Arbitration Act 1904, as they preclude a disproportionately large proportion of members from standing for, or nominating candidates for, union office, in a manner incompatible with the democratic objectives in s.2(e) and (f) of the Act and unsupported by justification of stability or expertise.

Parties
Applicant: James Alan Rule; Respondent: The Australian Workers' Union; Applicant: Robert Baker; Interested Parties: Mr Ecob and others
Jurisdiction
Australia
Judgment Date
10 September 1985
Procedural Posture
Application Under Industrial Legislation / Judgment After Joint Hearing of Two Related Applications
Outcome
Declaration that Rules 51(b) and relevant parts of 68 are invalid as oppressive and unreasonable; inquiry proceedings adjourned with interim order continuing
Legal Topics
Union Rules, Membership Qualifications, Elections in Registered Organisations, Oppressive or Unreasonable Rules, Relief for Election Irregularities
Industrial Law Union Rules Membership Qualifications Elections in Registered Organisations Oppressive or Unreasonable Rules Relief for Election Irregularities

Case Brief

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Parties

James Alan Rule

Applicant

The Australian Workers' Union

Respondent

Robert Baker

Applicant

Mr Ecob and others

Interested Parties

Procedural Posture

Application Under Industrial Legislation / Judgment After Joint Hearing of Two Related Applications

Legal Issues

  1. 1 Whether Rule 51(b) of the Constitution and General Rules of the Australian Workers' Union is oppressive and unreasonable under s.140(1)(c) of the Conciliation and Arbitration Act 1904
  2. 2 Whether parts of Rule 68 imposing membership qualifications for nominators and candidates are oppressive and unreasonable under s.140(1)(c)
  3. 3 Whether the calling and receipt of nominations based on these rules constituted electoral irregularities warranting relief

Ratio Decidendi

Rules 51(b) and relevant parts of 68 of the Australian Workers' Union are oppressive and unreasonable within s.140(1)(c) of the Conciliation and Arbitration Act 1904, as they preclude a disproportionately large proportion of members from standing for, or nominating candidates for, union office, in a manner incompatible with the democratic objectives in s.2(e) and (f) of the Act and unsupported by justification of stability or expertise.

Court Disposition

Declaration that Rules 51(b) and relevant parts of 68 are invalid as oppressive and unreasonable; inquiry proceedings adjourned with interim order continuing

Orders

  • Rule 51(b) of the Australian Workers' Union Constitution and General Rules contravenes s.140(1)(c) of the Conciliation and Arbitration Act 1904 as oppressive and unreasonable.
  • The specified provisions of Rule 68 contravene s.140(1)(c) of the Conciliation and Arbitration Act 1904 as oppressive and unreasonable.