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Industrial law

Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 3)

Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2021] FCA 1263

The Federal Court found no election irregularity in the CFMMEU Manufacturing Division contest, holding the excluded workers were not financial members and the nominations were properly rejected.

  • Union elections
  • Election irregularities
  • Membership eligibility
  • Interpretation of union rules
  • Union-elections
  • Election-irregularities
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Workplace relations

O'Byrne v Panegyres

O'Byrne v Panegyres [2003] FCA 1328

The Federal Court held there was no irregularity in a CEPU election after the Returning Officer rejected a nomination for failing union rule requirements on financial membership timing.

  • Union elections
  • Financial membership qualification
  • Interpretation of union rules
  • Election irregularities
  • Union-elections
  • Financial-membership
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Labour law

Skourdoumbis v Maher

Skourdoumbis v Maher [2001] FCA 1922

The Federal Court restrained union respondents from passing or enforcing resolutions at an improperly convened extraordinary conference meeting.

  • Interpretation of union rules
  • Ultra vires actions
  • Meetings of union bodies
  • Jurisdiction of union committees
  • Union-law
  • Labour-law
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Industrial law

RENNIE v BUNN and ANDERSON and CONWAY and THE COMMUNITY AND PUBLIC SECTOR UNION

RENNIE v BUNN and ANDERSON and CONWAY and THE COMMUNITY AND PUBLIC SECTOR UNION [1997] IRCA 93

The Court held that a union rule requiring branch councillors to follow branch directions was valid, and invalid votes could void a postal ballot result.

  • Union rules and governance
  • Amalgamation of unions
  • Validity of union election processes
  • Member financial status and voting rights
  • Interpretation of union rules
  • Oppressiveness of rules under statutory criteria
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Industrial law

Spiratos v Australasian United Steam Navigation Co. Ltd

Spiratos v Australasian United Steam Navigation Co. Ltd [1988] FCA 384

The court construed union election rules, held unfinanciality could not be cured after nominations closed, and terminated the election inquiry.

  • Registered organizations
  • Election inquiry
  • Interpretation of union rules
  • Financiality in union elections
  • Procedural fairness
  • Industrial-law
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Employment law

Lewis, B.L. & ors v Maynes, J.P. & ors

Lewis, B.L. & ors v Maynes, J.P. & ors [1988] FCA 379

Northrop J granted interim relief in a union dispute, holding the Victorian State Executive had power under branch rules to dismiss branch employees.

  • Union management powers
  • Dismissal of employees
  • Interim relief
  • Interpretation of union rules
  • Union-governance
  • Employment-discipline
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Industrial law

Federated Tobacco Workers Union Of Australia v. Amalgamated Metal Workers Union & Anor

Federated Tobacco Workers Union Of Australia v. Amalgamated Metal Workers Union & Anor [1988] FCA 120

The Federal Court upheld a broad reading of a union eligibility rule, holding that Wills employees in relevant engineering-services roles could join the Metal Workers' Union.

  • Eligibility rules for union membership
  • Interpretation of union rules
  • Application of eligibility to classes of employees
  • Industrial-law
  • Union-membership-eligibility
  • Interpretation-of-association-rules
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Industrial law

Cooper, E.S. v Penman, D. & Anor

Cooper, E.S. v Penman, D. & Anor [1987] FCA 545

The Federal Court dismissed an appeal over the rejection of a nomination for Assistant Federal Secretary of the Australian Journalists' Association.

  • Interpretation of union rules
  • Eligibility for union office
  • Financial membership requirements
  • Trade union elections
  • Industrial-law
  • Union-rule-interpretation
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Industrial law

Matter of an application by Walshe, J. for an inquiry into an election in Australia Railways Union

Matter of an application by Walshe, J. for an inquiry into an election in Australia Railways Union [1987] FCA 256

The Federal Court held that union rules did not require a candidate for Assistant National Secretary to be a union member, and terminated the inquiry.

  • Union election
  • Eligibility for office
  • Interpretation of union rules
  • Industrial-law
  • Union-election
  • Eligibility-for-office
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Industrial law

Clothing & Allied Trades Union of Australia v. Matter of an election, Collins, K.J.

Clothing & Allied Trades Union of Australia v. Matter of an election, Collins, K.J. [1987] FCA 228

The Federal Court dismissed two applications challenging a union election, holding the successful candidate was eligible and that her motive for joining the union did not defeat membership.

  • Union elections
  • Interpretation of union rules
  • Eligibility for union membership
  • Eligibility for union office
  • Industrial-law
  • Union-elections
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.