Garry Ernest Sherrift & Ors v Leonarp Cecil Townsend & Ors [1980] FCA 25

Federal Court of Australia|1980-03-03|Before: Northrop JJ

BETWEEN: GARRY ERNEST SHERRIFF & OTHERS Claimants and LEONARD CECIL TOWNSEND & OTHERS Respondents

JUDGES CONSTITUTING COURT: Smithers, Evatt and Northrop JJ. DATE OF ORDER: I3 March 1980 WHERE MADE: Melbourne

A. THAT the rules of the Vehicle Builders Employees

THAT the respondents L.C. Townsend, J.R. Sandilands, C.E. Jarrad, J.E. Buck, W.J. Allamby, D.J. Foreman, J.D. Bennett, P.W. Meehan, G.J. Burge, A. McDonald, J.S. Thompson, J. O'Neill, W. Taylor and C. Austin and each of them treat as null and void and of no

effect the purported election of D. Foreman, C. Burge, Cc. Jarrad and W. Allamby at the meeting of the Federal Council of the Vehicle Builders Employees Federation of Australia held between I9 and 22

March 1979 to the office of President, Vice-President, Trustee and Trustee respectively.

effect the following resolutions adopted at the meeting of the Federal Council of the Vehicle Builders Employees Federation of Australia held between I9 and 22 March 1979; namely

into allegations concerning the Geelong sub-branch of the Victorian branch of the Federation

following pages take action against the members of the committee of management of the Geelong sub-branch

I2 Increase in salaries of Federal Secretary and Federal-Assistant Secretary

30 Appointment of Committee into representation and composition of Committee

In Matter V.No.I7 of 1979 the rule nisi dated 24 April 1979 be discharged.

In Matter No.26 of 1979 the application insofar as it

relates to the Victorian branch of the Vehicle Builders

THAT the respondents L,C. Townsend, J.R. Sandilands, C.E. Jarrad, J.E. Buck, W.J. Allamby, D.J. Foreman, J.D. Bennett, P.W. Meehan, G.J. Burge, A. McDonald, J.S. Thompson, J. O'Neill, W. Taylor and C. Austin

the Vehicle Builders Employees Federation of Australia by treating as null and void and of no legal effect ail resolutions passed at purported meetings of the Federal Council of the Vehicle Builders Employees Federation

the Federation held in connection with those meetings..

THAT otherwise the rule nisi dated 3I August I979 be discharged.

The Court declares that the Federal Council and the Federal Executive Committee respectively, each being a collective body of the Vehicle Builders Employees Federation of Australia have ceased

to exist or function effectively and there are no effective means under the rules of the Federation by which either can be reconstituted or enabled to

Matters V.No.I2 of 1979, No.26 of 1979 and No.3I of 1979 -

Federation are each vacant and there are no effective

means under the rules of the Federation to f111 each

I. Within 2I days from the date of this order a meeting shall be called for all those persons who according to the rules of the Federation as heretofore certified are members of Federal Council.

The said meeting shall be called by the Federal Secretary in writing addressed to each of such persons advising them of the date and place of the meeting and that the business of the meeting will be to resolve upon appropriate rules, according to the circumstances of the Federation, to provide for the cOnstitution of a Federal Council which shall not be contrary to the provisions of the Conciliation and Arbitration Act 1904,

a. All those persons who were elected delegates from Branches to the Federal Council according to r.I(b) (1) as heretofore certified shall be members of the Council for the balance of the term for which they were elected pursuant to those rules.

b. If by reason of the reconstitution of the Federal Council the number of branch delegates exceeds two in respect of any branch, the additional branch delegate (s) to be elected pursuant to this scheme shall hold office for the balance of the term of those delegates already holding

The said meeting shall be held in Melbourne not later than I May 1980.

The rules so resolved upon at the said meeting shall be deemed for all purposes to have been made by the authorised rule-making authority of the Federation in accordance with relevant procedures laid down by the rules of the Federation,

Upon such rules being resolved upon as aforesaid the Federal secretary (or in his absence the Assistant Federal secretary) shall forthwith lodge such rules with the Industrial Registrar pursuant to s,139 of the Act for

Subject to such rules being certified by the Industrial Registrar pursuant to s.1I39(4)

any election for the purpose of electing additional delegates to federal council in accordance with such rules shall, where necessary, be conducted and completed within

3 months of such certification, Such election shall be conducted by the relevant officers

of the branches in accordance with the relevant rules of the Federation,

Until the reconstitution of the Federal Council as aforesaid the members of Council

holding office pursuant to the rules heretofore certified shall be deemed to constitute the

Federal Council of the Federation duly and validly elected and shall have all the powers of the Federal Council provided for in the rules of the Federation other than the power to repeal, alter or add to any rules of the Federation, excepting for the purpose of reconstituting Federal Council as provided

elects persons to the offices of President, Vice-President and 2 Trustees, the members already elected to those offices and the Federal Executive Committee shall be deemed

to be the holders of those offices and to constitute the Federal Executive Committee

the purpose of electing a President, Vice-President and two Trustees.

D. The Court directs that the Registrar forward a copy of these orders and the reasons for judgment to the Industrial Registrar.

Liberty to any party to apply on 14 days notice to the Court and to the other parties to these proceedings.

At a glance

Court

Decision date

Before

Source

Judgment (44 paragraphs)