Application by Linehan, Desmond Lawrence under s.144 re Keogh, Terence Charles and Federated Clerks Uniion of Australia [1979] FCA 103

07 of 1979

APPLICATION BY LINEHAN UNDER S.144 RE KROGH AND FEDERATED CLERKS UNION OF AUSTRALIA

CATCHWORDS

Industrial law - application of s.144 to a person who joined the union otherwise than by use of s.144 - general bad character - eligibility to join union - meaning of "in a clerical capacity"

Conciliation and Arbitration Act, 1904 ss.141 and 144

CORAM: J.B. SWEENEY 19 October, 1979

Sydney

_

INDUSTRIAL DIVISION

IN THE FEDERAL COURT OF AUSTRALIA

No. 7 of 1979

ow eee

QUEENSLAND DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an application under s.144 of the said Act by DESMOND LAWRENCE LINEHAN as Director and on behalf of the Industrial Relations Bureau for a declaration as to the entitlement of

TERENCE CHARLES KEOGH to remain a member of the FEDERATED CLERKS UNION OF AUSTRALIA

JUDGE MAKING ORDER: J.B. Sweeney J.

DATE OF ORDER: 19 October, 1979

WHERE MADE: Sydney

THE COURT ORDERS THAT:

The application be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

INDUSTRIAL DIVISION No. 7 of 1979

Ne a

QUEENSLAND DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an application under s.144 of the said Act by DESMOND LAWRENCE LINEHAN as Director and on behalf of the Industrial Relations Bureau for a declaration as to the entitlement of

TERENCE CHARLES KEOGH to remain a member of the FEDERATED CLERKS UNION OF AUSTRALIA

19 October 1979 J.B. SWEENEY J.

REASONS FOR JUDGMENT

This is an application brought by the Director of, and on behalf of, the Industrial Relations Bureau ("the Bureau") seeking an order under s.144 of the Conciliation and Arbitration Act, 1904 ("the Act") for a declaration as to the entitlement of Mr. Terence Charles Keogh to remain a member of the Federated Clerks Union of Australia ("the Union"). The application is based on an affidavit of