Dugmore, John v Porter, J.G. & Ors [1982] FCA 284

Dugmore, John v Porter, J.G. & Ors [1982] FCA 284

The Branch and its members cannot implement or enforce the O.K. Card policy via resolution when Branch rules explicitly authorizing it were declared void by the Australian Industrial Court for contravening s.140(1) of the Act; to do so would be contrary to law. Orders should be made under s.141(1G) directing respondents to observe the valid rules by refraining from enforcement of the O.K. Card system.

Parties
Applicant: John Dugmore; Respondents: J. G. Porter and Ors.
Jurisdiction
Australia
Judgment Date
17 December 1982
Procedural Posture
Industrial Law Application / Judgment on Rule Nisi and Orders Under S.141(1 G)
Outcome
Orders to be made directing respondents to perform and observe Branch rules by ceasing enforcement of void O.K. Card policy; hearing adjourned for submissions as to form of orders.
Legal Topics
Conciliation and Arbitration, Union Rules, Enforceability of Union Policies, Validity of Union Resolutions
Industrial Law Conciliation and Arbitration Union Rules Enforceability of Union Policies Validity of Union Resolutions

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Parties

John Dugmore

Applicant

J. G. Porter and Ors.

Respondents

Procedural Posture

Industrial Law Application / Judgment on Rule Nisi and Orders Under S.141(1 G)

Legal Issues

  1. 1 Whether implementation and enforcement of the O.K. Card system is authorized by the rules of the Union or Branch
  2. 2 Validity of the resolution adopting the O.K. Card policy after relevant rules were declared void
  3. 3 Whether orders under s.141(1G) can require observance of implied rules

Ratio Decidendi

The Branch and its members cannot implement or enforce the O.K. Card policy via resolution when Branch rules explicitly authorizing it were declared void by the Australian Industrial Court for contravening s.140(1) of the Act; to do so would be contrary to law. Orders should be made under s.141(1G) directing respondents to observe the valid rules by refraining from enforcement of the O.K. Card system.

Court Disposition

Orders to be made directing respondents to perform and observe Branch rules by ceasing enforcement of void O.K. Card policy; hearing adjourned for submissions as to form of orders.