Love, James David v Steinheuer, Brian & Ors [1985] FCA 646

Love, James David v Steinheuer, Brian & Ors [1985] FCA 646

There has been a failure to perform and observe the Federation's rules by the respondents, due to lack of a valid Branch Committee determination of the time and place for the general meeting and failure to properly notify shop stewards as required by the rules. The Court does not itself fix the time and place, but orders the Branch Committee to do so in compliance with the rules.

Parties
Applicant: James David Love; First Respondent: Brian Steinheuer; First Respondent: Brian Francis Mossop; First Respondent: Stan Konefal; First Respondent: Dorreen Williams; First Respondent: Richard John Innis Collins; First Respondent: Martin Bray Kane; First Respondent: Leslie Podham; First Respondent: Bruce William McKenzie; First Respondent: Phylis Paulene Daley; First Respondent: Malcolm Williams; First Respondent: John Van Leent; First Respondent: Katherine Jamieson; First Respondent: Barbara Kups; Second Respondent: Thomas Francis Eagleton
Jurisdiction
Australia
Judgment Date
11 December 1985
Procedural Posture
Application for Orders Under Conciliation and Arbitration Act 1904 S.141 / Judgment
Outcome
Orders made requiring performance and observance of rules; branch committee to determine time and place of special general meeting; secretary to give notice in accordance with rule 61(e).
Legal Topics
Performance and Observance of Rules, Calling and Convening of Branch General Meetings, Notice Requirements, Union Governance
Industrial Law Performance and Observance of Rules Calling and Convening of Branch General Meetings Notice Requirements Union Governance

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Parties

James David Love

Applicant

Brian Steinheuer

First Respondent

Brian Francis Mossop

First Respondent

Stan Konefal

First Respondent

Dorreen Williams

First Respondent

Richard John Innis Collins

First Respondent

Martin Bray Kane

First Respondent

Leslie Podham

First Respondent

Bruce William McKenzie

First Respondent

Phylis Paulene Daley

First Respondent

Malcolm Williams

First Respondent

John Van Leent

First Respondent

Katherine Jamieson

First Respondent

Barbara Kups

First Respondent

Thomas Francis Eagleton

Second Respondent

Procedural Posture

Application for Orders Under Conciliation and Arbitration Act 1904 S.141 / Judgment

Legal Issues

  1. 1 Whether Branch Committee validly fixed time and place for general meeting
  2. 2 Whether notice for general meeting was validly given
  3. 3 Failure to perform and observe union rules as required

Ratio Decidendi

There has been a failure to perform and observe the Federation's rules by the respondents, due to lack of a valid Branch Committee determination of the time and place for the general meeting and failure to properly notify shop stewards as required by the rules. The Court does not itself fix the time and place, but orders the Branch Committee to do so in compliance with the rules.

Court Disposition

Orders made requiring performance and observance of rules; branch committee to determine time and place of special general meeting; secretary to give notice in accordance with rule 61(e).

Orders

  • Constitute a meeting of the branch committee at 4.30pm on Monday, 23rd December 1985, at 2 Deebing Street, Denmark Hill, Ipswich.
  • Determine the time and place of a special general meeting of branch members to be held no later than 14th February 1986.