Kennedy, John Patrick v The Australian Coal & Shale Employees Federation & Anor [1983] FCA 395

Kennedy, John Patrick v The Australian Coal & Shale Employees Federation & Anor [1983] FCA 395

The applicant was not employed by the second respondent beyond 19 August 1983 due to the withdrawal of the offer of employment; although he is deemed to be employed in the industry for statutory purposes, the eligibility rule of the first respondent confines membership to those actually working or at least employed in the industry. Since the applicant was not actually working nor employed in the general law sense, he is not eligible for membership, and is not entitled to the relief sought under s.144.

Parties
Applicant: John Patrick Kennedy; First Respondent: The Australasian Coal and Shale Employees Federation; Second Respondent: Elcom Collieries Pty. Limited
Jurisdiction
Australia
Judgment Date
21 December 1983
Procedural Posture
Application for Declarations and Orders Under the Conciliation and Arbitration Act 1904 1983 / Final Judgment
Outcome
Amended application dismissed
Legal Topics
Eligibility for Union Membership, Employment Contract Formation, Conditions Precedent in Employment, Interpretation of Membership Rules
Industrial Law Eligibility for Union Membership Employment Contract Formation Conditions Precedent in Employment Interpretation of Membership Rules

Case Brief

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Parties

John Patrick Kennedy

Applicant

The Australasian Coal and Shale Employees Federation

First Respondent

Elcom Collieries Pty. Limited

Second Respondent

Procedural Posture

Application for Declarations and Orders Under the Conciliation and Arbitration Act 1904 1983 / Final Judgment

Legal Issues

  1. 1 Whether the applicant was employed or deemed to be employed by the second respondent
  2. 2 Whether the applicant was eligible for membership of the first respondent under its rules
  3. 3 Whether an order under s.144 of the Conciliation and Arbitration Act 1904-1983 should be granted

Ratio Decidendi

The applicant was not employed by the second respondent beyond 19 August 1983 due to the withdrawal of the offer of employment; although he is deemed to be employed in the industry for statutory purposes, the eligibility rule of the first respondent confines membership to those actually working or at least employed in the industry. Since the applicant was not actually working nor employed in the general law sense, he is not eligible for membership, and is not entitled to the relief sought under s.144.

Court Disposition

Amended application dismissed

Orders

  • The amended application be dismissed