Roughan, Patrick John v Coulson & Ors [1983] FCA 304

Roughan, Patrick John v Coulson & Ors [1983] FCA 304

The Committee of Management was authorised under the Union rules to employ Mr. Bennett as a temporary relief organiser to meet an emergency arising from Mr. Cole's illness. There was no requirement in the rules to employ only an elected organiser, nor to advertise the position. The rules authorising such employment are not contrary to law or oppressive, unreasonable or unjust, and the decision was made bona fide.

Parties
Applicant: Patrick John Roughan; Respondent: Maxwell Roy Coulson; Respondent: Rex Small; Respondent: Allan Adamthwaite; Respondent: Robert Garrett; Respondent: John Rudder; Respondent: Murray Bennett; Respondent: Neville Proud; Respondent: Barry Cole; Respondent: James Bennett; Respondent: Joan Watson; Respondent: Lorraine Edwards; Respondent: Graham Shaw; Respondent: Joseph Vitullo; Respondent: Kathie Evans; Respondent: Leslie Parsons; Respondent: The Australasian Meat Industry Employees' Union
Jurisdiction
Australia
Judgment Date
31 October 1983
Procedural Posture
Application Under Statutory Provisions / Final Order and Judgment
Outcome
Rule to show cause discharged; application dismissed
Legal Topics
Registered Organization Rules, Union Officer Employment, Committee of Management Powers, Oppressive or Unreasonable Rules
Industrial Law Registered Organization Rules Union Officer Employment Committee of Management Powers Oppressive or Unreasonable Rules

Case Brief

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Parties

Patrick John Roughan

Applicant

Maxwell Roy Coulson

Respondent

Rex Small

Respondent

Allan Adamthwaite

Respondent

Robert Garrett

Respondent

John Rudder

Respondent

Murray Bennett

Respondent

Neville Proud

Respondent

Barry Cole

Respondent

James Bennett

Respondent

Joan Watson

Respondent

Lorraine Edwards

Respondent

Graham Shaw

Respondent

Joseph Vitullo

Respondent

Kathie Evans

Respondent

Leslie Parsons

Respondent

The Australasian Meat Industry Employees' Union

Respondent

Procedural Posture

Application Under Statutory Provisions / Final Order and Judgment

Legal Issues

  1. 1 Whether the Committee of Management was authorised by union rules to employ a temporary relief organiser
  2. 2 Whether the Committee was bound to employ the elected organiser
  3. 3 Whether the rules of the Union were contrary to law or oppressive, unreasonable, or unjust

Ratio Decidendi

The Committee of Management was authorised under the Union rules to employ Mr. Bennett as a temporary relief organiser to meet an emergency arising from Mr. Cole's illness. There was no requirement in the rules to employ only an elected organiser, nor to advertise the position. The rules authorising such employment are not contrary to law or oppressive, unreasonable or unjust, and the decision was made bona fide.

Court Disposition

Rule to show cause discharged; application dismissed

Orders

  • The rule to show cause herein be discharged.
  • The applicant pay the costs of the respondents of and incidental to the application, the costs of the last-named respondent to be those of a submitting party.