Kayne, Ivan v Banks, John Francis & Ors Croyston, John Frederick v Australian Broadcasting Commission Staff Association & Anor [1978] FCA 92

V1l of 1978 KAYNE v. BANKS & ORS. '

N.S.W. 15 of 1978 ! CROYSTON v. A.B.C. STAFF ASSOCIATION

CATCHWORDS

Industrial law - interpretation of the rules of an organization

~ Validity of alterations to the rules of an organization

~- Necessity to comply with provisions of rule-making power ' - Effect of certificate of Industrial Registrar under s.139(4)

Conciliation and Arbitration Act, 1904 - validation of invalid

aaa wt

alterations

Australian Broadcasting Act, 1942

r

Conciliation and Arbitration Act, 1904, ss. 132, 133, 133AA, 139(4) | and s.i7ic

Conciliation and Arbitration Regulations, Reg. 115

IN THE FEDERAL COURT OF AUSTRALIA

INDUSTRIAL DIVISION

' V No. 11 of 1978 BETWEEN:

SIVAN KAYNE Claimant and

JOHN FRANCIS BANKS, RONALD JOSEPH MINOGUE, :

~ROBERT JOHN CARE-WICKHAM, WILLIAM GIBBS,

MICHAEL COSBY, FRANCIS LEE, B. FULLER, ADRIAN BRENNAN, ROGER CATCHPOOLE, DAVID HAWKES, DAVID STUART-WRIGHT, ROSEMARY DARRAGH, JOHN QUINN, ' JOHN GARTON, EDWARD REYNOLDS, ELIZABETH FELL AND '

~ THOMAS MOLOMBY Respondents ' if AND i BETWEEN: N No. 15 of 1978 a JOHN FREDERICK CROYSTON Claimant and

» THE AUSTRALIAN BROADCASTING COMMISSION STAFF ASSOCIATION AND IVAN KAYNE Respondents

SWEENEY J. EVATT J. REASONS FOR JUDGMENT 6 November 1978 NORTHROP J.

These applications are further illustrations of the fact that many officials of organizations, when applying the rules of their organization, do not pay attention to the particular rules conferring the power to alter the rules of the organization.

Time and time again, in making an alteration to rules, the relevant procedures laid down by the rules of an organization are not followed but nevertheless the purported alteration has appeared to have come into effect upon the Registrar giving his certificate under s.139(4), Conciliation and Arbitration Act 1904 as amended (the Act). The failure to follow the relevant procedures has resulted in latent defects in the validity of the rules alteration and has led to uncertainty among and misunderstanding between members of the organization. In many cases, legal proceedings have resulted, often many years later, to test the validity of the purported rules alteration and of actions taken in reliance upon those rules.