Johns, William Edgar v Allen, K & Ors [1977] FCA 28

Johns, William Edgar v Allen, K & Ors [1977] FCA 28

There is no power under the Rules of the Federation or the Victorian Branch for the Geelong Sub-Branch to create the office of Sub-Branch organiser beyond those officers expressly provided in Rule 45(b); G. Sherriff cannot hold himself out as an organiser based on his election, and the other respondents cannot recognise him in that office; powers to employ persons in such capacity are limited to those specified in the Rules and do not extend to an unspecified 'organiser' office.

Parties
Claimant: William Edgar Johns; Respondent: K. Allen; Respondent: G. Sherriff; Respondent: E. McManus; Respondent: R. Lewry; Respondent: C. Stevenson; Respondent: W. Clarke; Respondent: H. Burt; Respondent: T. McDougal; Respondent: E. Ford; Respondent: D. Slevin; Respondent: L. McKay; Respondent: C.E. Jarrad; Respondent: W.D. Blair; Respondent: W. Allamby; Respondent: C. Zaglas; Respondent: J. Bucks; Respondent: E. Lyons; Respondent: J. Laragy; Respondent: L. Barry; Respondent: A. Halstead; Respondent: W. Reed; Respondent: M. Asplet; Respondent: J.A. Dazzell; Respondent: M. Mortimer; Respondent: H. Muench; Respondent: P.D. Slevin; Respondent: J. Stachkurski
Jurisdiction
Australia
Judgment Date
09 June 1977
Procedural Posture
Complaint / Final Judgment
Outcome
Complaint upheld; orders made
Legal Topics
Registered Organisations, Rules of Trade Unions, Branch and Sub Branch Powers, Office Creation and Elections, Court Jurisdiction Under Conciliation and Arbitration Act
Industrial Law Registered Organisations Rules of Trade Unions Branch and Sub Branch Powers Office Creation and Elections Court Jurisdiction Under Conciliation and Arbitration Act

Case Brief

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Parties

William Edgar Johns

Claimant

K. Allen

Respondent

G. Sherriff

Respondent

E. McManus

Respondent

R. Lewry

Respondent

C. Stevenson

Respondent

W. Clarke

Respondent

H. Burt

Respondent

T. McDougal

Respondent

E. Ford

Respondent

D. Slevin

Respondent

L. McKay

Respondent

C.E. Jarrad

Respondent

W.D. Blair

Respondent

W. Allamby

Respondent

C. Zaglas

Respondent

J. Bucks

Respondent

E. Lyons

Respondent

J. Laragy

Respondent

L. Barry

Respondent

A. Halstead

Respondent

W. Reed

Respondent

M. Asplet

Respondent

J.A. Dazzell

Respondent

M. Mortimer

Respondent

H. Muench

Respondent

P.D. Slevin

Respondent

J. Stachkurski

Respondent

Procedural Posture

Complaint / Final Judgment

Legal Issues

  1. 1 Whether the Geelong Sub-Branch has the power under the Federation Rules to create the office of Sub-Branch organiser and to elect a person to that office
  2. 2 Whether the phrase 'rules of an organisation' in s.141(1) of the Conciliation and Arbitration Act includes branch rules
  3. 3 Whether the court has jurisdiction to make orders under s.141(1) in relation to branch/sub-branch rules

Ratio Decidendi

There is no power under the Rules of the Federation or the Victorian Branch for the Geelong Sub-Branch to create the office of Sub-Branch organiser beyond those officers expressly provided in Rule 45(b); G. Sherriff cannot hold himself out as an organiser based on his election, and the other respondents cannot recognise him in that office; powers to employ persons in such capacity are limited to those specified in the Rules and do not extend to an unspecified 'organiser' office.

Court Disposition

Complaint upheld; orders made

Orders

  • Respondents and each of them are ordered to perform and observe the Rules of the Vehicle Builders' Employees Federation of Australia; G. Sherriff is to cease to hold himself out as organiser of the Geelong Sub-Branch; remaining respondents are to cease to recognise and/or treat G. Sherriff as organiser of the...