Federal Court of Australia
IN
TNOUSTRTAL DIVISTO I
Mo. 8 of LA7y
now
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SOUTH WAL S DISTRTON PAG IST'
Ta Toe yee
Arbitration , L304
tho gard yet
Claimant
GUNCT MART G OFDFR: T.R. SWEEDIY 2, DATR OF _OVTER: 1973
COURT oeri7ts Tat:
Wiiliam Gibbs, Clenént Holdsworth, Peter lls, Sidney Bowers and Lawrence Jensen perterm ord aecve thea rules
of the Australian 3reaccasting Commies aff iseccaaticn by refraining from anpointino er parpe to appoint an wn@ustrial advocate Tar the Alrsccsaris ES 20S unti! tne fedtral conferecce of the Asesc1et legutes to
The Rule "Nissi othervise be dischaxzged.
IN THE FEDERAL COURT OF AUSTRALIA
) ) INDUSTRIAL DIVISION ) No. 8 of 1979 ) )
NEW SOUTH 'WALTIS DISTRICT PEUCISTPY
IN THR MATTER of the Conciliation and Arbitration Act, 1904
AND IN THA MATTER of an application under Section 140 and Section 14i of the said Act
BETWEEN THOMAS MOLOMBY Claimant
AND WILLIAM GIBDS, CLEMI™T HOLDSWOrTh, PETER WLES, STDuE: ROVIVS, Twice JUSSTN e
THM AUSTRAT CV BROALDIN ST TC COMMISSION SPAT ASSCCLATICT
Respondents
J.B. SWEENEY J. 23 May, 1979
REASONS FOR CUDGMENT
These proceedings brought under s.140 and s.141 of the Conciliation and Arbitration Act, 1904 ("the Act") concern the affairs of the Australian Broadcasting Commission Staff
Association ("the Association").
The applicant, Mr. Molomby, is a member of the Association and the proceedings are brought against five persons who are the officers and as a consequence the federal interstate executive of the Asscciaticn. The Association 1s also a respondent in respect of so much of the proceedings as relate to s.140. The applicant seeks the following orders:
1. 'That the personal respondents perform and observe the rules of the Australian Broadcasting Commission
Staff Association ("the Association") by refraining from appointing an Industrial Advocate for the Association until or unless a decision 1s made by the Federal conference of the Association to appoint an Industrial Advocate or to delegate the power to do so to the personal respondents.
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