Federal Court of Australia
CATCHWORDS
Industrial law ~ Superannuation or other fund for full-time federal officials - rules governing the operation and control of such fund - Conciliation and Arbitration Act 1904
s.141, s.141(8A), s.133A (2)(e).
No. 11 of 1979
WILLIAM MARK WHEELER v. JOHN FORSTER AND B. OLIVER Coram: Evatt J.
Sydney
11 September 1980
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No.1ll of 1979 ) )
INDUSTRIAL DIVISION
In the matter of the Conciliation and Arbitration Act 1904, s.141
BETWEEN: WILLIAM MARK WHEELER Claimant
JOHN FORSTER AND B. OLIVER
Respondents
oO R_D_ E R
JUDGE MAKING ORDER: EVATT J.
DATE OF ORDER: 11 September 1980
WHERE MADE: Sydney
THE COURT FINDS THAT:(1)That part of r.25 of the rules of the Australasian Society of Engineers which reads "and abide
by the regulations governing that fund" contravenes s.140(1)(a)
of the Conciliation and Arbitration Act 1904.
(2) The Court further finds that the rules of the Australasian Society of Engineers contravene s.140(1)(a) of the Act in that such rules fail to make provision as required by s.133 A(2)(e)
for the operation and control of the fund provided for in r.25.
(3) The Court, pursuant to s.141(8A), makes an order in
accordance with the finding set out in (1) above.
(4) The Court in the exercise of its discretion does not make an order in relation to the finding set out in (2) above but adjourns the matter pursuant to s.140(6) and/or generally to 10 December 1980.
--/2..
(5) Otherwise the order nisi is discharged.
(6) Liberty is granted to any party including the Australiasian Society of Engineers to apply on forty-eight hours notice to
the Court and to the other parties including the said society.
Date Entered:
DISTRICT REGISTRAR
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 11 of 1979 ) )
INDUSTRIAL DIVISION
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