Roughan, P.J. v. Coulson, M. & Ors [1982] FCA 283

Roughan, P.J. v. Coulson, M. & Ors [1982] FCA 283

The Committee of Management’s power under rule 55(d)(1) is limited to determining and changing the number of organisers who may be employed, not to abolishing office or dismissing elected organisers from office between elections. Even if authorised to abolish such offices, the Committee cannot select individual organisers for removal outside the election or casual vacancy provisions. The appellant and Mr. Tobin remain entitled to membership of the Committee of Management for the balance of their elected term.

Parties
Appellant: Patrick John Roughan; Respondent: Max Coulson; Respondent: Rex Small; Respondent: Allan Adamthwaite; Respondent: Robert Garrett; Respondent: John Rudder; Respondent: Murray Bennett; Respondent: Neville Proud; Respondent: Barry Cole; Respondent: James Bunnett; Respondent: Joan Watson; Respondent: Coral Schofield; Respondent: Lorraine Edwards; Respondent: Graham Shaw; Respondent: Joseph Vitullo; Respondent: The Australian Meat Industry Employees' Union
Jurisdiction
Australia
Judgment Date
16 December 1982
Procedural Posture
Appeal / On Appeal From Evatt J. in the Federal Court of Australia, Industrial Division
Outcome
Appeal upheld
Legal Topics
Construction of Union Rules, Termination of Elected Officers, Committee of Management Powers
Industrial Law Construction of Union Rules Termination of Elected Officers Committee of Management Powers

Case Brief

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Parties

Patrick John Roughan

Appellant

Max Coulson

Respondent

Rex Small

Respondent

Allan Adamthwaite

Respondent

Robert Garrett

Respondent

John Rudder

Respondent

Murray Bennett

Respondent

Neville Proud

Respondent

Barry Cole

Respondent

James Bunnett

Respondent

Joan Watson

Respondent

Coral Schofield

Respondent

Lorraine Edwards

Respondent

Graham Shaw

Respondent

Joseph Vitullo

Respondent

The Australian Meat Industry Employees' Union

Respondent

Procedural Posture

Appeal / On Appeal From Evatt J. in the Federal Court of Australia, Industrial Division

Legal Issues

  1. 1 Whether the Committee of Management had the power under the rules to terminate elected organisers from office and from membership of the Committee of Management between elections
  2. 2 Construction of rule 55(d)(1) and its distinction between office and employment of organisers
  3. 3 Application of Conciliation and Arbitration Act 1904 sections 140 and 141

Ratio Decidendi

The Committee of Management’s power under rule 55(d)(1) is limited to determining and changing the number of organisers who may be employed, not to abolishing office or dismissing elected organisers from office between elections. Even if authorised to abolish such offices, the Committee cannot select individual organisers for removal outside the election or casual vacancy provisions. The appellant and Mr. Tobin remain entitled to membership of the Committee of Management for the balance of their elected term.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • The respondents, other than the registered organisation, and each of them, are ordered to observe the rules of the organisation by treating the appellant and Mr. B. Tobin as members of the Committee of Management for the balance of their term of office.