Squires, Lesley Andree & Ors v Pike, Lyne & Ors [1981] FCA 151

Squires, Lesley Andree & Ors v Pike, Lyne & Ors [1981] FCA 151

The purported resolutions removing the applicants from office by the Overseas Branch Council were invalid as those present and voting were not entitled to act as a Branch Council at that time; neither s.171B of the Conciliation and Arbitration Act, 1904 nor rule 24(e) of the Association Rules operated to validate those resolutions.

Parties
Applicant: Lesley Andree Squires; Applicant: Virginia McDowell; Applicant: Helen Monckton; Respondent: Lyne Pike; Respondent: Joan Wurst; Respondent: Belle Sunner; Respondent: S. Broad; Respondent: A. Burke; Respondent: S. Bussell; Respondent: H. Cooke; Respondent: B. Cooper; Respondent: S. Hall; Respondent: X. Healy; Respondent: D. Jenkins; Respondent: P. Ryan; Respondent: J. McDonald; Respondent: G. McLaren; Respondent: D. Rennison; Respondent: J. Street; Respondent: J. Watts; Respondent: R. Williams; Respondent: A. Oeding; Respondent: The Airline Hostesses' Association
Jurisdiction
Australia
Judgment Date
15 September 1981
Procedural Posture
Application Under Conciliation and Arbitration Act, 1904 Ss. 140, 141 / Reference Under Order 29, Rule 2; Determination of Preliminary Legal Questions
Outcome
Questions answered; resolutions not validated; proposed removals from office invalid.
Legal Topics
Change of Rules, Validity of Branch Council Resolutions, Removal of Officers, Rule Interpretation, Validation Provisions
Industrial Law Change of Rules Validity of Branch Council Resolutions Removal of Officers Rule Interpretation Validation Provisions

Case Brief

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Parties

Lesley Andree Squires

Applicant

Virginia McDowell

Applicant

Helen Monckton

Applicant

Lyne Pike

Respondent

Joan Wurst

Respondent

Belle Sunner

Respondent

S. Broad

Respondent

A. Burke

Respondent

S. Bussell

Respondent

H. Cooke

Respondent

B. Cooper

Respondent

S. Hall

Respondent

X. Healy

Respondent

D. Jenkins

Respondent

P. Ryan

Respondent

J. McDonald

Respondent

G. McLaren

Respondent

D. Rennison

Respondent

J. Street

Respondent

J. Watts

Respondent

R. Williams

Respondent

A. Oeding

Respondent

The Airline Hostesses' Association

Respondent

Procedural Posture

Application Under Conciliation and Arbitration Act, 1904 Ss. 140, 141 / Reference Under Order 29, Rule 2; Determination of Preliminary Legal Questions

Legal Issues

  1. 1 Whether resolutions purportedly removing applicants from office as Branch Council members were valid.
  2. 2 Whether section 171B of the Conciliation and Arbitration Act, 1904 validates the resolutions.
  3. 3 Whether the Federal President could validate such resolutions under rule 24(e) of the Association Rules.

Ratio Decidendi

The purported resolutions removing the applicants from office by the Overseas Branch Council were invalid as those present and voting were not entitled to act as a Branch Council at that time; neither s.171B of the Conciliation and Arbitration Act, 1904 nor rule 24(e) of the Association Rules operated to validate those resolutions.

Court Disposition

Questions answered; resolutions not validated; proposed removals from office invalid.

Orders

  • The questions raised for decision under order 29, rule 2 were answered as follows:
  • Question (1)(a)(i) No; (ii) Yes; (iii) No; (iv) No.