Sherrif, G.E & Ors v. Townsend, L.C. & Ors [1980] FCA 44

CATCHWORDS

Industrial law - whether rules contravene section 140 of the Conciliation and Arbitration Act - failure of rules to provide for branch status - disproportionate representation on

Federal Council -— control of committees - failure of rules

to provide for separate election for each office - exc lusion

of officers from election to offices ~ validity of elections and resolutions where rules invalid - validation of invalid proceeding pursuant to s.171C of the Act - Scheme for the constituting of Federal Council ~ approval of scheme by the

Court - principles applicable - collective body.

GARRY EARNEST SHERRIF & OTHERS v. LEONARD CECIL TOWNSEND & OTHERS

V. No. 12 of 1979 V. No. 17 of 1979

N.S.W. No. 26 of 1979 N.S.W. No. 31 of 1979

Coram: Smithers, Evatt and Northrop JJ. Melbourne

3 April 1980

IN THE FEDERAL COURT OF AUSTRALIA)

V No. 12 of 1979

VICTORIA DISTRICT REGISTRY V No. 17 of 1979

INDUSTRIAL DIVISION

AND

IN THE FEDERAL COURT OF AUSTRALIA No. 26 of 1979

NEW SOUTH WALES DISTRICT REGISTRY No. 31 of 1979

INDUSTRIAL DIVISION

BETWEEN:

GARRY EARNEST SHERRIF & OTHERS

and

LEONARD CECIL TOWNSEND & OTHERS

Coram: Smithers, Evatt and Northrop JJ.

Date: 3 April 1980

Claimants

Respondents

REASONS FOR JUDGMENT

SMITHERS J.:

Relief claimed under s.140(1) by way of conferring Branch

status on the Geelong Sub-Branch - V No. 12 of 1979

In this matter the claimants in paras. 1,2 and 3 of the

order nisi seek an order that sub-rule (a) of rule 39 of

the rules of the Vehicle Builders Employees Federation of Australia (the Union) contravenes s.140(1)(a)} of the Conciliation and Arbitration Act 1904 (the Act) in that it fails to provide that there be a Branch of the Union in respect of the

City of Geelong and its environs in the State of Victoria,

Rule 39 of the Union is in the following terms:-~

"39, TERRITORY AND POWERS OF BRANCHES