In the matter of the Australian Rope & Cordage Workers Union an organisaton Of Employees Registered Under the Provision of the Conciliation & Arbitration Act v In the matter of an application for validation of Decisons of the Federal Council Said Organisation. [1980] FCA 50

IN THD FEDERAL COURT OF AUSTRALIA

INDUSTRIAL DIVISION VICTORIA DISTRICT REGISTRY

NORTHROP J. EX TEMPORE JUDGMENT 3 APRIL 1980.

vV No. 5 of 1980,

IN THE MATTER of the Conciliation and Arbitration Act, 1904-19.

IN THE MATTER of the Australian Rope

.- wee

& Cordage Workers Union an organisation

of employees registered under the provision of the Conciliation and,

Arbitration Act, 1904,

- and -

IN THE MATTER of an application for validation of decisions of the

Federal Council of the said organisation.

This 1s an application made by the Australian Rope and Cordage Workers Union under section 171C of the Conciliation and Arbitration Act 1904 as amended. The union is an organisation registered under the act but since 1971, for practical purposes, the federal council of that union has been unable to act since the New South Wales branch ceased to exist and although the Victorian branch continue to operate within its state rules it was impossible to elect a federal council of sufficient numbers to satisfy

the quorum requirements of rule 7 of the rules of the union.

In order to overcome the problem and acting on the advice of the industrial registrar certain steps were taken. Tirstly, an election was held in the Victorian branch for delegates to federal council. That election was carried out according to the state rules and there is no challenge as to its validity. The three persons who were thus elected held a meeting of federal council and elected three federal officers.

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Under rule 7 of the rules of the union a quorum consists of five persons and accordingly the election of those three persons as the three officers of the union constitutes an invalidity. At the same meeting of federal council those three persons acting under rule 29 of the rules of the union purported to resolve to amend rule 7 by deleting the then existing quorum provisions,namely, five members present at any meeting of the council shall form a quorumand substituting a different quorum requirement as follows: