An Application by the Food Preservers Union of Australia and Ors [1988] FCA 106

An Application by the Food Preservers Union of Australia and Ors [1988] FCA 106

The certified rules of the Union did not expressly or by implication confer power on Federal Conference or any other body to alter or make rules of the Union. Rule 59 could not be construed as giving that power, and the absence of a rule-making procedure was an invalidity in the making or alteration of the Union's rules. Because the certified rules did not provide for making or altering rules, the later alterations to rules 9(a)(xi) and 59 were also invalid. The Court was satisfied that validating orders would not do substantial injustice, no person having opposed the application after notice, and therefore validated the certified rules and the later alterations from the dates of the...

Jurisdiction
Australia
Judgment Date
22 March 1988
Procedural Posture
Application for an Order Pursuant to S.171 C of the Conciliation and Arbitration Act 1904 / Full Court Determination of Further Amended Application
Outcome
Application granted; invalidities declared and certified rules and later alterations validated by majority orders.
Legal Topics
['registered Organizations' 'alteration of Union Rules' 'invalidity in Making or Alteration of Rules' 'industrial Registrar Certification' 'conciliation and Arbitration Act 1904 S.171 C']
['industrial Law'] ['registered Organizations' 'alteration of Union Rules' 'invalidity in Making or Alteration of Rules' 'industrial Registrar Certification' 'conciliation and Arbitration Act 1904 S.171 C']

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Procedural Posture

Application for an Order Pursuant to S.171 C of the Conciliation and Arbitration Act 1904 / Full Court Determination of Further Amended Application

Legal Issues

  1. 1 ["Whether an invalidity occurred in the making or alteration of the certified rules of the Food Preservers' Union of Australia and its branches because the certified rules did not provide for alteration of the Union's rules." 'Whether an invalidity occurred in the making or alteration of rules 9(a)(xi) and 59 of the certified rules of the Union.' 'Whether the Registrar had power to give a certificate in respect of part of a rule alteration.' 'Whether typographical corrections to rule alterations made by the Registrar affected the validity of the rules.' 'Whether orders under s.171C should be made validating the certified rules and later alterations.']

Ratio Decidendi

The certified rules of the Union did not expressly or by implication confer power on Federal Conference or any other body to alter or make rules of the Union. Rule 59 could not be construed as giving that power, and the absence of a rule-making procedure was an invalidity in the making or alteration of the Union's rules. Because the certified rules did not provide for making or altering rules, the later alterations to rules 9(a)(xi) and 59 were also invalid. The Court was satisfied that validating orders would not do substantial injustice, no person having opposed the application after notice, and therefore validated the certified rules and the later alterations from the dates of the...

Court Disposition

Application granted; invalidities declared and certified rules and later alterations validated by majority orders.

Orders

  • ["An invalidity has occurred in the making or alteration of the rules of the Food Preservers' Union of Australia, including the rules of each of its branches, being the rules the subject of the certificate given by a Deputy Industrial Registrar on 8 July 1986, by reason that the certified rules do not make provision...