Federal Court of Australia
rernee-- + 4
CBT CUWORDS
Industrial law ~ registered organization ~ whather rule imposes restrictions that are oppressive, unreasonable or unjust - rule confining to members of branch committce of Management the right to nominate candigates for branch
secretary and assistant branch secretary - Conciliation and
Arbitration Act 1904 s.140(1) (c)
KENNETH LAWRFNCE LANCASTER v- TEE MUNICIPAL OFFICERS
ASSOCIATION OF AUSTRALIA
(Vv. No. 15 of 1980)
MICHAEL JAMES CANNY v. THE NUNICIPAL OFFICrRS ASSOCIAT (ON OF
AUST RALIA
(V. No. 16 of 1980)
Coram: KEELY J.
Date of Order: 4 December 19890
Where made: Melbourne
Pr eer enn
IN THE FEDERAL COURT OF AUSTRALIA No. V.15 of 1980
No. V.16 of 1980
) ) VICTORIA DIST RICE REGISTRY ) ) )
INDUST RIAL DIVISION
IN THE MATTER of the
Conciliation and Arbitration Act 1904
BETWEEN: KENNETH LAWRENCE LANCASTER Applicant AND: THE MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA Respondent AND BETWEEN: MICHAEL JAMES CANNY Applicant AND: THE MUNICIPAL OFFICERS ASSOCIALION OF AUS RALIA Respondent REASONS FOR JUDGMENT 4 December 198C KEELY J.
On 1 October 1980 orders were made at the instance of Kenneth Lawrence Lancaster and Michael James Canny calling upon the Municipal Officers' Association of Australia (the association) to show cause why the Court should not make a declaration that rule 73(b)(x) of the rules of the
association (the rules) contravenes' s.140(1) of the
2.
Conciliation and Arbitration Act 1904 (the Act) insofar as it
purports to require a nomination for en election for the office of branch secretary and/or assistant branch secretary to be signed by any two members of the branch committee of
Management.
Mr Howard Nathan Q.C. appeared for the two claimants and Mr Peter Gray of counsel appeared for the association. The two matters were heard together by consent. The two claimants are and were at all material times members of the association. The association 1s an organization of employees
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