Garry Ernest Sherrift & Ors v Leonarp Cecil Townsend & Ors [1980] FCA 25

Nor Foe DieraBgoTos .

IN THE FEDERAL COURT OF AUSTRALIA)

) VICTORIA DISTRICT REGISTRY ) V-No. I2 of 1979

) V.No. I7 of 1979 INDUSTRIAL DIVISION )

AND

IN THE FEDERAL COURT OF AUSTRALIA) )

) ) )

NEW SOUTH WALES REGISTRY No. 26 of 1979

INDUSTRIAL DIVISION No. 31 of 1979

BETWEEN: GARRY ERNEST SHERRIFF & OTHERS Claimants and LEONARD CECIL TOWNSEND & OTHERS Respondents

JUDGES CONSTITUTING COURT: Smithers, Evatt and Northrop JJ. DATE OF ORDER: I3 March 1980 WHERE MADE: Melbourne

ORDERS DECLARATIONS AND DIRECTIONS:

I. In Matter V.No.I2 of I979 -

A. THAT the rules of the Vehicle Builders Employees

Federation of Australia contravene s.I40({I) of the Conciliation and Arbitration Act 1904 as amended in that they fail to make a provision required by the Act and the regulations made under the Act namely they fail to provide for

a Federal committee of management.

ae/2ae

THAT the respondents L.C. Townsend, J.R. Sandilands, C.E. Jarrad, J.E. Buck, W.J. Allamby, D.J. Foreman, J.D. Bennett, P.W. Meehan, G.J. Burge, A. McDonald, J.S. Thompson, J. O'Neill, W. Taylor and C. Austin and each of them treat as null and void and of no

effect the purported election of D. Foreman, C. Burge, Cc. Jarrad and W. Allamby at the meeting of the Federal Council of the Vehicle Builders Employees Federation of Australia held between I9 and 22

March 1979 to the office of President, Vice-President, Trustee and Trustee respectively.

THAT the respondents L.C. Townsend, J.R. Sandilands, C.E. Jarrad, J.E. Buck, W.J. Allamby, D.J. Foreman, J.D. Bennett, P.W. Meehan, G.J. Burge, A. McDonald, J.S. Thompson, J. O'Neill, W. Taylor and C. Austin and each of them treat as null and void and of no

effect the following resolutions adopted at the meeting of the Federal Council of the Vehicle Builders Employees Federation of Australia held between I9 and 22 March 1979; namely