Imlach, Peter Alexander & Anor v Daley, J.F. & Ors [1984] FCA 179

Imlach, Peter Alexander & Anor v Daley, J.F. & Ors [1984] FCA 179

The rules of the Federation confer power on the National Council to alter branch boundaries, subject to statutory requirements for certification. Branch autonomy exists only within the ambit of the rules as certified, and there is no implied restriction requiring branch consent for boundary changes. The rules do not contravene statutory requirements for autonomy or for protection against oppression, unreasonableness or injustice.

Parties
Applicant: Peter Alexander Imlach; Applicant: Ann Elizabeth Walker; Respondent: J. Daley; Respondent: J. Simmonds; Respondent: P. Catoni; Respondent: D.G. Baird; Respondent: L. Butler; Respondent: Leonard; Respondent: H. Rowe; Respondent: G. Gills; Respondent: P. Bruce; Respondent: G. Rogers; Respondent: Williamson-Cameron; Respondent: F.C. Doolan; Respondent: G. Blazely; Respondent: J. Gilpr; Respondent: O'Byrne; Respondent: The Hospital Employees Federation of Australia
Jurisdiction
Australia
Judgment Date
28 June 1984
Procedural Posture
Industrial Law Application / Judgment on Rule to Show Cause, Discharge
Outcome
Rule to show cause discharged
Legal Topics
Registered Organisation Rules, Branch Autonomy, Rule Amendment Procedure, Effect of Alteration of Branch Boundaries, Eligibility for Office in Registered Organisation, Oppression, Unreasonableness or Injustice Under Statute, Dismissal From Office Contrary to Statute
Industrial Law Registered Organisation Rules Branch Autonomy Rule Amendment Procedure Effect of Alteration of Branch Boundaries Eligibility for Office in Registered Organisation Oppression, Unreasonableness or Injustice Under Statute Dismissal From Office Contrary to Statute

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Parties

Peter Alexander Imlach

Applicant

Ann Elizabeth Walker

Applicant

J. Daley

Respondent

J. Simmonds

Respondent

P. Catoni

Respondent

D.G. Baird

Respondent

L. Butler

Respondent

Leonard

Respondent

H. Rowe

Respondent

G. Gills

Respondent

P. Bruce

Respondent

G. Rogers

Respondent

Williamson-Cameron

Respondent

F.C. Doolan

Respondent

G. Blazely

Respondent

J. Gilpr

Respondent

O'Byrne

Respondent

The Hospital Employees Federation of Australia

Respondent

Procedural Posture

Industrial Law Application / Judgment on Rule to Show Cause, Discharge

Legal Issues

  1. 1 Whether amendment to rule altering geographical boundaries of branch is authorised by rules
  2. 2 Whether amendment is inconsistent with branches being 'completely and absolutely autonomous'
  3. 3 Effect of alteration of boundaries on members' membership and officers' eligibility

Ratio Decidendi

The rules of the Federation confer power on the National Council to alter branch boundaries, subject to statutory requirements for certification. Branch autonomy exists only within the ambit of the rules as certified, and there is no implied restriction requiring branch consent for boundary changes. The rules do not contravene statutory requirements for autonomy or for protection against oppression, unreasonableness or injustice.

Court Disposition

Rule to show cause discharged

Orders

  • Rule to show cause as amended by consent at the hearing is discharged.