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 PAGE OF MINUTES ITEM 2 Request for officially conducted ballot 3 Declaration of ballot 4 Appointment of Committee of Enquiry into allegations concerning the Geelong sub-branch of the Victorian branch of the Federation 7A and Direction to Federal Secretary to following pages take action against the members of the committee of management of the Geelong sub-branch I2 Increase in salaries of Federal Secretary and Federal-Assistant Secretary 14 Adoption of a new Rule 28C o-/3.- PAGES OF MINUTES ITEM 15 Adoption of a new Rule 29 I7 Adoption of a new Rule 6B I8 Appointment of Acting Federal Organizers 9 Amendment of Rule 31 27 Amendment of Rule 37 29 Adoption of new Rule 12 30 Appointment of Committee into representation and composition of Committee 30 Amendment to Rule 25 In Matter V.No.I7 of 1979 the rule nisi dated 24 April 1979 be discharged. In Matter No.26 of 1979 the application insofar as it relates to the Victorian branch of the Vehicle Builders Employees Federation of Australia be dismissed. In Matter No.3I of 1979 - A. i 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 perform and observe the rules of the Vehicle Builders Employees Federation of Australia by treating as null and void and of no legal effect ail resolutions passed at purported meetings of the Federal Council of the Vehicle Builders Employees Federation of Australia held on I5, I7 and I8 August 1979 and any meeting of the Federal Executive Committee of the Federation held in connection with those meetings.. THAT otherwise the rule nisi dated 3I August I979 be discharged. ofan The Court declares that the Federal Council and the Federal Executive Committee respectively, each being a collective body of the Vehicle Builders Employees Federation of Australia have ceased to exist or function effectively and there are no effective means under the rules of the Federation by which either can be reconstituted or enabled to function effectively. The Court declares that the offices of President, Vice-President and 2 Trustees respectively in the Matters V.No.I2 of 1979, No.26 of 1979 and No.3I of 1979 - Federation are each vacant and there are no effective means under the rules of the Federation to f111 each such office. The Court approves the following scheme: I. Within 2I days from the date of this order a meeting shall be called for all those persons who according to the rules of the Federation as heretofore certified are members of Federal Council. 2. The said meeting shall be called by the Federal Secretary in writing addressed to each of such persons advising them of the date and place of the meeting and that the business of the meeting will be to resolve upon appropriate rules, according to the circumstances of the Federation, to provide for the cOnstitution of a Federal Council which shall not be contrary to the provisions of the Conciliation and Arbitration Act 1904, as amended, subject to the following provisions: 2/5 a. All those persons who were elected delegates from Branches to the Federal Council according to r.I(b) (1) as heretofore certified shall be members of the Council for the balance of the term for which they were elected pursuant to those rules. b. If by reason of the reconstitution of the Federal Council the number of branch delegates exceeds two in respect of any branch, the additional branch delegate (s) to be elected pursuant to this scheme shall hold office for the balance of the term of those delegates already holding office in respect of that branch, The said meeting shall be held in Melbourne not later than I May 1980. The rules so resolved upon at the said meeting shall be deemed for all purposes to have been made by the authorised rule-making authority of the Federation in accordance with relevant procedures laid down by the rules of the Federation, Upon such rules being resolved upon as aforesaid the Federal secretary (or in his absence the Assistant Federal secretary) shall forthwith lodge such rules with the Industrial Registrar pursuant to s,139 of the Act for certification thereunder. ../6. Subject to such rules being certified by the Industrial Registrar pursuant to s.1I39(4) any election for the purpose of electing additional delegates to federal council in accordance with such rules shall, where necessary, be conducted and completed within 3 months of such certification, Such election shall be conducted by the relevant officers of the branches in accordance with the relevant rules of the Federation, Until the reconstitution of the Federal Council as aforesaid the members of Council holding office pursuant to the rules heretofore certified shall be deemed to constitute the Federal Council of the Federation duly and validly elected and shall have all the powers of the Federal Council provided for in the rules of the Federation other than the power to repeal, alter or add to any rules of the Federation, excepting for the purpose of reconstituting Federal Council as provided for herein, Until the reconstituted Federal Council elects persons to the offices of President, Vice-President and 2 Trustees, the members already elected to those offices and the Federal Executive Committee shall be deemed to be the holders of those offices and to constitute the Federal Executive Committee and shall have all the powers relating thereto provided for in the rules of the Federation, Within 2I days of its reconstitution, a meeting of the reconstituted Federal Council shall be called by the Federal Secretary for wel Tae the purpose of electing a President, Vice-President and two Trustees. D. The Court directs that the Registrar forward a copy of these orders and the reasons for judgment to the Industrial Registrar. iiss) Liberty to any party to apply on 14 days notice to the Court and to the other parties to these proceedings.