Federal Court of Australia
CATCHWORDS
Industrial law - reference by Industrial Registrar of questions of law - whether resignations of officers and/or members of committee of management valid - whether resignations in accordance with rules - whether resignations were "received".
Conciliation and Arbitration Act, 1904 s.112
REFERENCE OF QUESTIONS OF LAW BY THE INDUSTRIAL REGISTRAR RE THE FEDERATED MUNICIPAL AND SHIRE COUNCIL EMPLOYEES UNION OF AUSTRALIA
VIC. 11 of 1980
Coram: J.B. SWEENEY, EVATT AND KEELY JJ.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. 11 of 1980 ) )
INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of a Reference of Questions of
Law by the Industrial Registrar
AND IN THE MATTER of the FEDERATED MUNICIPAL AND
SHIRE COUNCIL EMPLOYEES
UNION OF AUSTRALIA
ORDER JUDGES MAKING ORDER: J.B. Sweeney, Evatt and Keely JJ. DATE OF ORDER: 19 November 1980 WHERE MADE: Melbourne
THE COURT ORDERS THAT: the questions referred be answered as follows:
(1) Are the purported resignations, or any of them, valid resignations?
Answer: No.
(2) If all or any of the resignations are valid, should the request be granted in whole or in part?
Answer: Does not arise at this staqe.
IN THE FEDERAL COURT OF AUSTRALIA) )
VICTORIA DISTRICT REGISTRY ) No. 11 of 1980 ) )
INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of a Reference of Questions of Law by the Industrial Registrar
AND IN THE MATTER of the PEDERATED MUNICIPAL AND
UNION OF AUSTRALIA
CORAM: J.B. Sweeney J. Evatt J. Keely J.
19 November 1980
REASONS FOR JUDGMENT
This 1s a reference by the Industria] Registrar of two questions of law. It appears that on 31 July 1980 a special meeting was held of the members of the Federated Municipal and Shire Council Employees Union of Australia, Victoria Division ("the Division"). At that meeting certain resolutions were carried and thereafter pre-typed forms of
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