Prichard, Michael Anthony v Krantz, Harry David & Anor [1983] FCA 237

Prichard, Michael Anthony v Krantz, Harry David & Anor [1983] FCA 237

The applicant was not engaged in a clerical capacity within the meaning of rule 2 of the organization's rules after November 1981, as his primary duties at Stevens Hire were not clerical. Any clerical activities were merely ancillary. Consequently, he was not eligible to be a member of the organization as at 29 July 1983. The Court exercised its discretion under s.141 of the Conciliation and Arbitration Act 1904 to refuse the orders sought and discharged the order nisi.

Parties
Applicant: Michael Anthony Prichard; Respondent: Harry David Krantz; Respondent: Leslie Richard Haseldine
Jurisdiction
Australia
Judgment Date
29 July 1983
Procedural Posture
Application Under S.141 of the Conciliation and Arbitration Act 1904 / Final Judgment and Order Discharging Order Nisi
Outcome
Application dismissed; order nisi discharged.
Legal Topics
Registered Organizations, Eligibility Rules, Trade Union Membership, Clerical Capacity, Union Dues, Removal From Membership
Industrial Law Registered Organizations Eligibility Rules Trade Union Membership Clerical Capacity Union Dues Removal From Membership

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Parties

Michael Anthony Prichard

Applicant

Harry David Krantz

Respondent

Leslie Richard Haseldine

Respondent

Procedural Posture

Application Under S.141 of the Conciliation and Arbitration Act 1904 / Final Judgment and Order Discharging Order Nisi

Legal Issues

  1. 1 Meaning of 'engaged in any clerical capacity' under the organization's rules and s.141 of the Conciliation and Arbitration Act 1904
  2. 2 Whether the applicant was employed in a clerical capacity and thus eligible to remain a member of the Federated Clerks' Union of Australia
  3. 3 Whether a member is entitled to remain a member if no longer within the eligibility rule

Ratio Decidendi

The applicant was not engaged in a clerical capacity within the meaning of rule 2 of the organization's rules after November 1981, as his primary duties at Stevens Hire were not clerical. Any clerical activities were merely ancillary. Consequently, he was not eligible to be a member of the organization as at 29 July 1983. The Court exercised its discretion under s.141 of the Conciliation and Arbitration Act 1904 to refuse the orders sought and discharged the order nisi.

Court Disposition

Application dismissed; order nisi discharged.

Orders

  • The Order Nisi herein be discharged.