Federal Court of Australia
CATCHWORDS
CONCILIATION AND ARBITRATION - AMALGAMATION OF REGISTERED ORGANIZATIONS - AUTHORITY TO SIGN SCHEME OF AMALGAMATION AND APPLICATION TO INDUSTRIAL REGISTRAR - PROVISION FOR DISPOSITION OF PROPERTY OF DE-REGISTERING ORGANIZATION ~
CONCILIATION AND ARBITRATION ACT 1904, PART VIIIA.
ALTERATION OF RULES - GENERAL POWER TO ALTER RULES EXTENDS
TO RULE PRESCRIBING PROCEDURE FOR DISSOLUTION OF ORGANIZATION.
IN THE MATTER OF THE CONCILIATION AND ARBITRATION ACT 1904.
FRANK MAGUIRE v. B.G. FREND, A.G. CHAPMAN, L.M. RIDD, B.F. REGAN, J.B. FAULKNER, F.C. MacKILLOP, K.M. SCHULZ, M.W. TAYLOR, H.G.S. TODD and UNITED FARMERS AND WOOLGROWERS INDUSTRIAL ASSOCIATION OF NEW SOUTH WALES
No. 13 of 1977
BOWEN, C.J., J.B. SWEENEY & DEANE JJ.
28th October, 1977.
IN THE FEDERAL COURT OF AUSTRALIA )
INDUSTRIAL DIVISION )
)
No. 13 of 1977
IN THE MATTER of THE CONCILIATION
AND ARBITRATION ACT, 1904
BETWEEN:
E
CORAM:
acct MK thister 1977
REASONS FOR
FRANK ,MAGUIRE
Claimant
G.B. FREND, A.G. CHAPMAN, L.M. RIDD, B.F. REGAN, J.B. FAULKNER, F.C. MacKILLOP, kM, SHULZ,
M.W. TAYLOR, H.G.S.
TODD and UNITED FARMERS AND WOOLGROWERS INDUSTRIAL ASSOCIATION OF NEW SOUTH WALES
Respondents
BOWEN C.J., J.B. SWEENEY
and DEANE JJ.
JUDGMENT
The claimant is a member of The United Farmers and
Woolgrowers' Industrial Association ("the United Farmers'
Association). which is an organization registered under the
provisions of the Conciliation and Arbitration Act 1904 ("the
Act"). The Graziers' Association of New South Wales ("the
Graziers' Association") is also an organization registered
1.
under the provisions of the Act. The objectives and activities of the two organizations, to some extent, overlap and a
scheme for their amalgamation pursuant to the provisions of Part VIIIA of the Act has reached the stage where, subject to the matters involved in these proceedings, the Industrial Registrar is required to fix and notify in the Australian Government Gazette a day on which the planned-amalgamation is to take effect. The Scheme involves the continuation of the Graziers' Assoc1lation under a new name ("The Livestock and Grain Producers' (Industrial) Association of New South Wales") and the deregistration and dissolution of the United Farmers' Association. A company associated with the United Tarmers' Association (the United Farmers and Woolgrowers Association of New South Wales) is involved in the proposed amalgamation. That Company is not a registered organization under the Act and the procedural provisions of Part VIIIA of the Act are not
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