Pearson Peterson & Smith v Richard Arear & Ors [1982] FCA 221

Pearson Peterson & Smith v Richard Arear & Ors [1982] FCA 221

Respondents' conduct in excluding applicants from employment and union activities for refusing to pay a locally imposed 'levy' lacked legal justification and breached the union's registered rules; there was no rule or proper custom permitting such punishment, and s.141 empowered the Court to direct respondents to cease such conduct.

Parties
Applicant: Roland Harvey Vall Pearson; Applicant: Lynda Joy Petersen; Applicant: Lee-Ann Elizabeth Smith; Respondent: Richard Anear; Respondents: Members of the Shop Committee at Bremer River Abattoir (Australian Meat Industry Employees' Union)
Jurisdiction
Australia
Judgment Date
15 October 1982
Procedural Posture
Application for Orders Under Conciliation and Arbitration Act S.141 / Final Determination With Orders and Reasons for Judgment
Outcome
Application granted; orders made
Legal Topics
Union Membership, Registered Organisation Rules, Employment Exclusion, Industrial Disciplinary Procedure
Industrial Law Union Membership Registered Organisation Rules Employment Exclusion Industrial Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Roland Harvey Vall Pearson

Applicant

Lynda Joy Petersen

Applicant

Lee-Ann Elizabeth Smith

Applicant

Richard Anear

Respondent

Members of the Shop Committee at Bremer River Abattoir (Australian Meat Industry Employees' Union)

Respondents

Procedural Posture

Application for Orders Under Conciliation and Arbitration Act S.141 / Final Determination With Orders and Reasons for Judgment

Legal Issues

  1. 1 Whether respondents breached rules of registered organisation by excluding members for non-payment of expenses decided by majority
  2. 2 Whether conduct of respondents constituted deliberate injury without justification
  3. 3 Whether the imposition of a penalty for non-payment was supported by union rules or custom and practice

Ratio Decidendi

Respondents' conduct in excluding applicants from employment and union activities for refusing to pay a locally imposed 'levy' lacked legal justification and breached the union's registered rules; there was no rule or proper custom permitting such punishment, and s.141 empowered the Court to direct respondents to cease such conduct.

Court Disposition

Application granted; orders made

Orders

  • Respondents other than Richard Anear must perform and observe the Rules of the Australian Meat Industry Employees' Union by ceasing (a) to refuse to work with the applicant, (b) to incite other members to refuse to work with the applicant, (c) to obstruct the employment of the applicant at the Bremer River Abattoir,...
  • Richard Anear must perform and observe the Rules by ceasing to support and encourage other respondents in (a) refusal to work with the applicant, (b) incitement to refuse to work with the applicant, (c) obstruction of the applicant's employment at Bremer River Abattoir, (d) obstruction of payment by the applicant to...