Roughan, P.J. v. Coulson, R. & Ors [1982] FCA 151

Roughan, P.J. v. Coulson, R. & Ors [1982] FCA 151

The resolution abolishing two organiser positions was a valid abolition of office, not a dismissal in breach of s.133(1)(f), as permitted by the union's rule 55(d)(1), which was not contrary to s.140(1)(a) or (c) of the Act; thus, no grounds for intervention or orders were made out.

Parties
Claimant: Patrick John Roughan; Respondent: Rex 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: Coral Schofield; Respondent: Lorraine Edwards; Respondent: Graham Shaw; Respondent: Joseph Vitullo; Respondent: The Australasian Meat Industry Employees Union
Jurisdiction
Australia
Judgment Date
27 July 1982
Procedural Posture
Application Under Statute / Return of Rule to Show Cause/final Hearing
Outcome
Order nisi discharged; rule to show cause dismissed
Legal Topics
Registered Organizations, Union Rules, Office Abolition Vs Dismissal, Statutory Compliance of Rules, Oppressive/unreasonable Conditions
Industrial Law Registered Organizations Union Rules Office Abolition Vs Dismissal Statutory Compliance of Rules Oppressive/unreasonable Conditions

Case Brief

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Parties

Patrick John Roughan

Claimant

Rex 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

Coral Schofield

Respondent

Lorraine Edwards

Respondent

Graham Shaw

Respondent

Joseph Vitullo

Respondent

The Australasian Meat Industry Employees Union

Respondent

Procedural Posture

Application Under Statute / Return of Rule to Show Cause/final Hearing

Legal Issues

  1. 1 Whether the abolition of union organiser positions amounted to dismissal from office contrary to s.133(1)(f) of the Conciliation and Arbitration Act 1904
  2. 2 Whether union rule 55(d)(1) contravened s.140(1)(a) or s.140(1)(c) of the Conciliation and Arbitration Act 1904
  3. 3 Whether the union process and rules were oppressive, unreasonable, or unjust under the Act

Ratio Decidendi

The resolution abolishing two organiser positions was a valid abolition of office, not a dismissal in breach of s.133(1)(f), as permitted by the union's rule 55(d)(1), which was not contrary to s.140(1)(a) or (c) of the Act; thus, no grounds for intervention or orders were made out.

Court Disposition

Order nisi discharged; rule to show cause dismissed

Orders

  • The order nisi herein be discharged.