Campbell, R.T. v. Crawford, G.R. & Ors [1985] FCA 508

Campbell, R.T. v. Crawford, G.R. & Ors [1985] FCA 508

The Federal Council had the power, under valid union rules, to amend the rules and abolish branches without reference to branch members or consent. The rule-amending provisions were not invalid under s.140(1)(a), (c), or (d) of the Act; the Sydney branch was not unfinancial for the purposes of disqualification; absence of notice or hearing for Geelong branch did not invalidate the resolutions; and there was no evidence of improper purpose vitiating the Council's decisions.

Parties
Applicant: Robert Thomas Campbell; Applicant: Michael Connolly; Respondent: George Robert Crawford; Respondent: John Rutherford; Respondent: William R. Davis; Respondent: Peter Lane; Respondent: Glen Batchelor; Respondent: Robert Bryant; Respondent: Peter Madden; Respondent: Robert Fairweather; Respondent: Donald Taylor; Respondent: Rex Hevey; Respondent: Stanley Joyner; Respondent: John Thompson; Respondent: Robert Fuller; Respondent: J. Heggen; Respondent: Leo Cox; Respondent: Ronald Masterson; Respondent: Plumbers and Gasfitters Employees' Union of Australia
Jurisdiction
Australia
Judgment Date
04 October 1985
Procedural Posture
Application Under the Conciliation and Arbitration Act 1904 / Final Judgment After Hearing Applications for Orders Regarding Union Rule Amendments
Outcome
Applications dismissed; rule amendments by the Federal Council were valid.
Legal Topics
Amendment of Union Rules, Abolition of Union Branches, Procedural Validity, Natural Justice in Unions
Industrial Law Union Law Amendment of Union Rules Abolition of Union Branches Procedural Validity Natural Justice in Unions

Case Brief

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Parties

Robert Thomas Campbell

Applicant

Michael Connolly

Applicant

George Robert Crawford

Respondent

John Rutherford

Respondent

William R. Davis

Respondent

Peter Lane

Respondent

Glen Batchelor

Respondent

Robert Bryant

Respondent

Peter Madden

Respondent

Robert Fairweather

Respondent

Donald Taylor

Respondent

Rex Hevey

Respondent

Stanley Joyner

Respondent

John Thompson

Respondent

Robert Fuller

Respondent

J. Heggen

Respondent

Leo Cox

Respondent

Ronald Masterson

Respondent

Plumbers and Gasfitters Employees' Union of Australia

Respondent

Procedural Posture

Application Under the Conciliation and Arbitration Act 1904 / Final Judgment After Hearing Applications for Orders Regarding Union Rule Amendments

Legal Issues

  1. 1 Whether the Federal Council had power to amend union rules to abolish and restructure branches without branch consent
  2. 2 Whether rule amendments were invalid under ss 140(1)(a), (c), (d) of Conciliation and Arbitration Act 1904
  3. 3 Whether Sydney branch delegates were disqualified from voting by being unfinancial

Ratio Decidendi

The Federal Council had the power, under valid union rules, to amend the rules and abolish branches without reference to branch members or consent. The rule-amending provisions were not invalid under s.140(1)(a), (c), or (d) of the Act; the Sydney branch was not unfinancial for the purposes of disqualification; absence of notice or hearing for Geelong branch did not invalidate the resolutions; and there was no evidence of improper purpose vitiating the Council's decisions.

Court Disposition

Applications dismissed; rule amendments by the Federal Council were valid.

Orders

  • The interlocutory injunctions made on 30 April 1985 are dissolved.
  • The Rule to Show Cause is discharged.