James Edward Quinlan v Printing & Kindred Industries Union [1981] FCA 23

James Edward Quinlan v Printing & Kindred Industries Union [1981] FCA 23

The applicant accepted that he did not satisfy Branch Rule 26B(6)(b). For the reasons given in the related Bucknall application, the rule was not oppressive, unreasonable or unjust either in principle or in its application to the applicant. There was no evidence about the composition of the union or the duration of its membership sufficient to show that, in relation to the Western Australian Branch, the rule offended s.140 of the Conciliation and Arbitration Act 1904. The Court was not persuaded that there was any irregularity in the conduct of the election.

Jurisdiction
Australia
Judgment Date
18 March 1981
Procedural Posture
Application Under S.159 of the Conciliation and Arbitration Act 1904 for an Inquiry Into an Alleged Irregularity in or in Connection With an Election to the Office of Organiser in the Printing and Kindred Industries Union, Western Australian Branch / Reasons for Judgment After Reference of the Application by the Industrial Registrar to the Federal Court of Australia
Outcome
Application dismissed.
Legal Topics
['election Inquiry' 'union Election Eligibility' 'continuous Financial Membership' 'union Rules Alleged to Be Oppressive, Unreasonable or Unjust']
['industrial Law'] ['election Inquiry' 'union Election Eligibility' 'continuous Financial Membership' 'union Rules Alleged to Be Oppressive, Unreasonable or Unjust']

Case Brief

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Procedural Posture

Application Under S.159 of the Conciliation and Arbitration Act 1904 for an Inquiry Into an Alleged Irregularity in or in Connection With an Election to the Office of Organiser in the Printing and Kindred Industries Union, Western Australian Branch / Reasons for Judgment After Reference of the Application by the Industrial Registrar to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether there was an irregularity in or in connection with the election to the office of organiser in the Printing and Kindred Industries Union, Western Australian Branch.' 'Whether the applicant could challenge the existence and application of Branch Rule 26B(6)(b), requiring financial membership for at least 3 consecutive years immediately preceding the calling of nominations.' 'Whether Branch Rule 26B(6)(b) was oppressive, unreasonable or unjust in principle or in its application to the applicant, so as to offend s.140 of the Conciliation and Arbitration Act 1904.']

Ratio Decidendi

The applicant accepted that he did not satisfy Branch Rule 26B(6)(b). For the reasons given in the related Bucknall application, the rule was not oppressive, unreasonable or unjust either in principle or in its application to the applicant. There was no evidence about the composition of the union or the duration of its membership sufficient to show that, in relation to the Western Australian Branch, the rule offended s.140 of the Conciliation and Arbitration Act 1904. The Court was not persuaded that there was any irregularity in the conduct of the election.

Court Disposition

Application dismissed.

Orders

  • ['The application should be dismissed.']