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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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Industrial law

Murphy, D.E. v Eagleton, T.F. & Ors

Murphy, D.E. v Eagleton, T.F. & Ors [1987] FCA 584

The Court held that a Queensland branch resolution directing meetings to be held at Greenslopes was binding, and ordered the respondents to comply with it.

  • Registered organizations
  • Performance and observance of rules
  • Binding effect of general meeting resolutions
  • Financial membership
  • Industrial-law
  • Registered-organizations
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Industrial law

Darroch, H.J. & Ors v Tanner, L.J.

Darroch, H.J. & Ors v Tanner, L.J. [1987] FCA 483

The Federal Court held that union funds used for electioneering during an election were unauthorised, but it could not order repayment under s.141(1G) without a continuing rule-based obligation.

  • Registered organizations
  • Union funds
  • Electioneering
  • Performance of union rules
  • Lawful authority
  • Industrial-law
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Industrial law

Matter of an Application by Linsket, B.T. for inquiry into an election in the F.C.U of Australia

Matter of an Application by Linsket, B.T. for inquiry into an election in the F.C.U of Australia [1987] FCA 407

The Court held the Industrial Registrar could not delete the word “continuously” from a union rule amendment under s 139(4), and the rejected nominations were irregular.

  • Registered organizations
  • Powers of industrial registrar
  • Union elections
  • Alterations to union rules
  • Industrial-law
  • Union-elections
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Industrial law

Geneff, Ruth Margaret v Peterson, F.E. & Ors

Geneff, Ruth Margaret v Peterson, F.E. & Ors [1986] FCA 579

Federal Court industrial law case about union capitation fees, branch financial status, rule validation, electoral rules, notice provisions, and costs.

  • Registered organizations
  • Compliance with rules
  • Validation of acts under conciliation and arbitration act
  • Capitation fees and financial status
  • Quorum and executive committee validity
  • Election of union officers
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Industrial law

Troja, F. v Bird, A. & Ors

Troja, F. v Bird, A. & Ors [1985] FCA 641

The Court upheld a union committee’s half-yearly levy under the union rules and discharged the rule to show cause. It also rejected reliance on implied terms under s 141.

  • Registered organizations
  • Union rules
  • Imposition of levy
  • Interpretation of rules
  • Industrial-law
  • Registered-organizations
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Industrial law

Krantz, Harry David & Ors v Federated Clerks Union of Australia

Krantz, Harry David & Ors v Federated Clerks Union of Australia [1984] FCA 417

Interlocutory industrial law ruling on venue, union rule validity, and discovery. The Court dismissed change-of-venue and interim relief applications, upheld the challenged rule, and ordered limited discovery.

  • Registered organizations
  • Validity of union rules
  • Venue for trial
  • Discovery of documents
  • Industrial-law
  • Registered-organizations
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Industrial law

In the matter of applications by Kenneth John Bragg, John Hector Lawley, Brian Alexander Cope, and John Hector Lawley for inquiries into elections in the Australasian Society of Engineers, South Australian Branch

In the matter of applications by Kenneth John Bragg, John Hector Lawley, Brian Alexander Cope, and John Hector Lawley for inquiries into elections in the Australasian Society of Engineers, South Australian Branch [1984] FCA 263

The Federal Court held that election-inquiry applications about union elections were sufficiently grounded to proceed, but refused interim orders reinstating former officeholders.

  • Registered organizations
  • Union elections
  • Election irregularities
  • Eligibility of candidates
  • Mandatory statutory requirements
  • Industrial-law
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Industrial law

Prichard, Michael Anthony v Krantz, Harry David & Anor

Prichard, Michael Anthony v Krantz, Harry David & Anor [1983] FCA 237

The Federal Court held that the applicant was not engaged in a clerical capacity after November 1981 and discharged the order nisi.

  • Registered organizations
  • Eligibility rules
  • Trade union membership
  • Clerical capacity
  • Union dues
  • Removal from membership
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Industrial law

Roughan, P.J. v. Coulson, R. & Ors

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

The Federal Court held that abolishing two union organiser offices under the union rules was valid and not a dismissal from office under the Act.

  • Registered organizations
  • Union rules
  • Office abolition vs dismissal
  • Statutory compliance of rules
  • Oppressive/unreasonable conditions
  • Industrial-law
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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.