Doyle, James v The Australian Workers Union [1985] FCA 632

Doyle, James v The Australian Workers Union [1985] FCA 632

Rule 51(c) placed a restriction on members aged 65 or older and consequentially on members' voting choices, but the applicant did not establish that, in addressing on a general basis the possible effect of age upon performance of duties by officers, the rule imposed conditions or restrictions that were oppressive, unreasonable or unjust or that it was contrary to the stated objects of the Act. The rule therefore did not contravene s.140(1) of the Conciliation and Arbitration Act 1904.

Jurisdiction
Australia
Judgment Date
18 December 1985
Procedural Posture
Application Concerning Validity of a Certified Rule of a Registered Organisation Under S.140 of the Conciliation and Arbitration Act 1904 / Reasons for Judgment After Order Discharging Rule to Show Cause
Outcome
Application dismissed; rule to show cause discharged.
Legal Topics
['eligibility for Union Office' 'age Limit for Nomination' 'certified Rules of Organisation' 'oppressive, Unreasonable or Unjust Conditions or Restrictions' 'objects of the Act' 'democratic Control and Participation of Members']
['industrial Law' 'conciliation and Arbitration' 'registered Organisations'] ['eligibility for Union Office' 'age Limit for Nomination' 'certified Rules of Organisation' 'oppressive, Unreasonable or Unjust Conditions or Restrictions' 'objects of the Act' 'democratic Control and Participation of Members']

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Procedural Posture

Application Concerning Validity of a Certified Rule of a Registered Organisation Under S.140 of the Conciliation and Arbitration Act 1904 / Reasons for Judgment After Order Discharging Rule to Show Cause

Legal Issues

  1. 1 ["Whether Rule 51(c) of the certified rules of the Australian Workers' Union, preventing a person who has attained 65 years before nominations from being eligible for nomination as an officer, contravened s.140(1) of the Conciliation and Arbitration Act 1904." 'Whether Rule 51(c) was contrary to the objects in s.2(e) and s.2(f) of the Conciliation and Arbitration Act 1904.' 'Whether Rule 51(c) imposed on members conditions or restrictions which, having regard to the objects of the Act and purposes of registration, were oppressive, unreasonable or unjust.']

Ratio Decidendi

Rule 51(c) placed a restriction on members aged 65 or older and consequentially on members' voting choices, but the applicant did not establish that, in addressing on a general basis the possible effect of age upon performance of duties by officers, the rule imposed conditions or restrictions that were oppressive, unreasonable or unjust or that it was contrary to the stated objects of the Act. The rule therefore did not contravene s.140(1) of the Conciliation and Arbitration Act 1904.

Court Disposition

Application dismissed; rule to show cause discharged.

Orders

  • ['The rule to show cause was discharged.']