Hagger, Frederick James v Operative Plasterers and Plaster Workers Federation of Australia & Anor [1979] FCA 111

CATCHWORDS

Rule amendment disqualifying officer of registered organization

from seeking re-election by membership qualification period -

_ oppressive - declared void pursuant to Section 140 Conciliation

and Arbitration Act - order to observe rules pursuant to

Section 141 of that Act.

N.S.W. No.41 of 1979 -

FREDERICK JAMES HAGGER v. OPERATIVE PLASTERERS' AND PIASTER WORKERS' FEDERATION OF AUSTRALIA, DAVID CBRARLES PARKER

Coram: St.John J. Sydney

30 October, 1979

B

ae Or SOTO EL Te TeESTE nT LYS TOME iY BENT OR Santas NEY? NOWTCE YW WENT STONY WintannPet vy Gnet TUN Tur nnnt TT et fra Dono SONU Ten eto So Ss tt oe eee eat

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

INDUSTRIAL DIVISION

No. 41 of 1979

IN THE MATTER OF The Conciliation and Arbitration Act 1904 as amended

AND IN THE MATTER OF an Application under Sections 140 and 141 of the

said Act BETWEEN Frederick James Hagger Applicant AND Operative Plasterers' and Plaster Workers' Federation . of Australia, David Charles

Parker

Respondents

ORDER

JUDGE MAKING ORDER : St.John J.

DATE OF ORDER : 30 October 1979

WHERE MADE : Sydney

THE COURT ORDERS THAT :

i.

Rule 18A of the Operative Plasterers' and Plaster Workers' Federation of Australia (W.A. Branch) be declared void

in so far as that rule prescribes a qualification of three years financial membership before nomination to the office of Secretary/Treasurer by a person who has acted in that office. -

David Charles Parker recognize the nomination of Frederick James Hagger as a valid nomination for the office of Secretary/Treasurer in the elections currently being held.