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. | | | | ' '' ' 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: A majority of delegates eligible to attend any meeting of the council shall form a quorum. - On the face of it that quite clearly was done invalidly since it was done at a meeting at which there was no quorum and because of the requirements section 139 sub-section 4 of the act, the 1undustrial registrar has not been able to certify the alteration to the rules and therefore the alteration has not and can not come into effect. In these circumstances the union makes the application under section 171C of the act seeking orders validating the election of the three officers of the union and validating the amendment to rule 7 of the rules of the union. If such an order 1s made the alteration or amendment to rule 7 can be lodged with the industrial registrar who will then be able to consider whether, complying with section 139 sub-section 4, the alteration has been validly made and if so to give his certificate so as to enable the alteration to come into effect and thereafter the federal council of the union will be able to exercise the powers necessary to get the federal body working again. I am satisfied that such orders should be made but in doing so I draw attention to section 171c sub-section 2 paragraph B and D of the act. On the material put before me I am satisfied that the order I propose to make will not do substantial injustice to the union itself or to any member or creditor or to any person having dealings with the organisation. In fact, what is being done will have the opposite effect of doing substantial justice to all those persons. Secondly, having regard to the rather unique provisions which have occurred, the fact that the Victorian branch is the only existing branch of the union and it did have the election of the three delegates -3- to federal council I determine that no notice need be given of this application. There need be no summons or rule to show cause and there should be no advertisement in any newspaper as required by section 171C 2D. Accordingly, in the result I make the following orders: l. That the meeting of the federal council of the Australian Rope and Cordage Workers Union held on Tuesday 20 March 1979 for all purposes be treated as a valid meeting of the federal council of that union. 2. That the election of the following persons to the officers specified, namely, C. Betts,-federal president; P. Mead, general secretary; K. Harvey, federal vice president, be treated as valid elections to those officers. 3. That the alteration to rule 7 of the rules of the union and in particular rule 7 by deleting the words "five members present at any meeting of the council shall form a quorum" and substituting the words "a majority of delegates eligible to attend any meeting of the council shall form a quorum" be treated for all purposes as a valid alteration to the rules subject to the power of the industrial registrar conferred by section 139 sub-section 4 of the act. That is the only order need be made. It is now necessary to make the application to the industrial registrar to have that rule alteration certified. I think that deals with your matters, does it not? I certify that this and the dhe preceding pages are a true copy of the Reasons for Judgment herein of the Honourable Mr. Justice Bivwtinege Dated: 3. - Po