Federal Court of Australia
RS
et
O'DONOGHUE v. AMALGAMATED SOCIETY OF CARPENTERS & JOINERS OF AUSTRALIA
Industrial law - dismissal of elected organizer - whether elected organizer is an "officer" - applicability of s.133(1)(f) to elected organizer - compliance with rules providing for termination of office - natural justice - rules providing
for dismissal and suspension of elected organizer from
office - conflict with s.133(1)(£) - power under s.141(8A)
to declare rule (or part) contravenes s.140(1)
Conciliation and Arbitration Act, 1904 - s.133(1)(f), s.140(1)(a),
s.140(6), s.141, s.141(8a)
N.S.W. NO. 39 OF 1979 J.B. SWEENEY J. Sydney
13th December, 1979
IN THE FEDERAL COURT OF AUSTRALIA )
) NEW _ SOUTH WALES DISTRICT REGISTRY ) NO. 39 OF 1979
) INDUSTRIAL DIVISION )
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application under Section 140 thereof
BETWEEN TERRENCE JAMES O'DONOGHUE Claimant AND THE AMALGAMATED SOCIETY OF
CARPENTERS AND JOINERS OF AUSTRALIA
Respondent
ORDER
JUDGE MAKING ORDER: J.B. SWEENEY J.
DATE OF ORDER: 13 December, 1979 WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The further hearing of the matter to be adjourned for a period of two months.
2. Liberty to apply on 48 hours notice to the other party and to the Court be reserved to the Applicant.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. 40 of 1979
INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application under Section 141 thereof
BETWEEN TERRENCE JAMES O'DONOGHUE
Claimant
AND VINCENT HAROLD GRIFFIN, JOHN HOURIGAN, FRANK JONES, NOEL REGINALD DOLLING, RAYMOND WILLIAM HARPER, PATRICK NEIL JONES AND WERNER GEUDER
Respondents
ORDER
JUDGE MAKING ORDER: J.B. Sweeney J.
DATE OF ORDER: 13 December, 1979
WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The Respondents perform and observe the rules of the Amalgamated Society of Carpenters and Joiners of Australia by treating as null and void the decision of the branch committee of management dismissing the applicant from his position as organizer.
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