Bastien, Paul Anthony v Langton, J. & Ors [1986] FCA 474

Bastien, Paul Anthony v Langton, J. & Ors [1986] FCA 474

The proper construction of rule 2 PART 'E' 2(c) is that Mr Bastien's combination of casual work, full-time union positions, and recognised leave was sufficient to satisfy the requirement to have been 'employed' for a period not less than 12 months immediately before close of nominations; therefore his disqualification was incorrect and the election declaration regarding Mr McCarthy was void.

Parties
Applicant: Paul Anthony Bastien; Respondent: J.A. Langton; Respondent: M.J. Malcolm; Respondent: B. Beer; Respondent: N. Richardson; Respondent: D. Cameron; Respondent: D. Goodger; Respondent: A. Hart; Respondent: D. Nichols; Respondent: D. Rolland; Respondent: J. Royle; Respondent: B. McLeod; Respondent: R. Sullivan; Respondent: J. Walliss; Respondent: R. Williams; Respondent: T. Thorpe; Respondent: B. Grenfell; Respondent: M. Bourke; Respondent: J. Boys; Respondent: N. Butcher; Respondent: L. Bringolf; Respondent: L. Campbell; Respondent: C. Fisher; Respondent: E. Fletcher; Respondent: I. Harrington; Respondent: E. Peters; Respondent: R. McCarthy; Respondent: C. Mundie; Respondent: N. Murray; Respondent: H. Paine; Respondent: H. Sessions; Respondent: D. Smith; Respondent: G. Wardell; Respondent: Amalgamated Metal Workers' Union
Jurisdiction
Australia
Judgment Date
31 October 1986
Procedural Posture
Application Under the Conciliation and Arbitration Act 1904 1980 (industrial Dispute) / Final Judgment After Grant of Interim Relief and Hearing
Outcome
Application granted for declaratory and injunctive relief
Legal Topics
Union Election Qualifications, Statutory Interpretation, Industrial Organisations, Eligibility for Office, Application of Union Rules
Industrial Law Union Election Qualifications Statutory Interpretation Industrial Organisations Eligibility for Office Application of Union Rules

Case Brief

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Parties

Paul Anthony Bastien

Applicant

J.A. Langton

Respondent

M.J. Malcolm

Respondent

B. Beer

Respondent

N. Richardson

Respondent

D. Cameron

Respondent

D. Goodger

Respondent

A. Hart

Respondent

D. Nichols

Respondent

D. Rolland

Respondent

J. Royle

Respondent

B. McLeod

Respondent

R. Sullivan

Respondent

J. Walliss

Respondent

R. Williams

Respondent

T. Thorpe

Respondent

B. Grenfell

Respondent

M. Bourke

Respondent

J. Boys

Respondent

N. Butcher

Respondent

L. Bringolf

Respondent

L. Campbell

Respondent

C. Fisher

Respondent

E. Fletcher

Respondent

I. Harrington

Respondent

E. Peters

Respondent

R. McCarthy

Respondent

C. Mundie

Respondent

N. Murray

Respondent

H. Paine

Respondent

H. Sessions

Respondent

D. Smith

Respondent

G. Wardell

Respondent

Amalgamated Metal Workers' Union

Respondent

Procedural Posture

Application Under the Conciliation and Arbitration Act 1904 1980 (industrial Dispute) / Final Judgment After Grant of Interim Relief and Hearing

Legal Issues

  1. 1 Whether Mr Bastien met the qualifications to be nominated for the office of State Organiser Division 1 under the Amalgamated Metal Workers' Union rules
  2. 2 Proper interpretation of the employment/eligibility period under rule 2 PART 'E' 2(c)
  3. 3 Whether periods of leave or engagement in full-time union office break the required period of employment

Ratio Decidendi

The proper construction of rule 2 PART 'E' 2(c) is that Mr Bastien's combination of casual work, full-time union positions, and recognised leave was sufficient to satisfy the requirement to have been 'employed' for a period not less than 12 months immediately before close of nominations; therefore his disqualification was incorrect and the election declaration regarding Mr McCarthy was void.

Court Disposition

Application granted for declaratory and injunctive relief

Orders

  • The respondents and each of them perform and observe the Rules of the Amalgamated Metal Workers' Union by treating the Returning Officer's declaration of Mr McCarthy as elected to the position of New South Wales State Organiser, Division 1 as being null and void and take no further steps in pursuance of that...
  • The matter stand adjourned to a date to be fixed for directions as to the election to fill the said position of New South Wales State Organiser, Division 1 within the Amalgamated Metal Workers' Union.