In the matter of the Airline Hostesses Association [1980] FCA 210

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY

INDUSTRIAL DIVISION

JUDGMENT No. .2.10...../...22..

)

) No. 19 of 1980 ) )

IN THE MATTER of the Concitiation and Arbitration Act, 1904

AND IN THE MATTER of an alteration of the rules of the AIRLINE HOSTESSES' ASSOCIATION, an organization of employe registered under the said Act

AND IN THE MATTER of a reference by the Industrial Registrar pursuant to s.112 of the said Act of questions of law for the opinion of the Federal court of Australia

JUDGES MAKING ORDER: Bowen C.J., Smithers, J.B. Sweeney, Evatt

and Northrop JJ.

DATE OF ORDER: 1 October, 1980 WHERE MADE: Melbourne

THE COURT ORDERS THAT the questions referred be answered as

follows:

(1)

(2)

Do the rules set out in the reference provide for the election of the holder of each office (as defined in s.4) within the organization as required by s.133(1)(a) and reg. 115(1)(d)(i)?

Answer: Yes ite In particular:

(a) Do rules 27 and 41 contravene s.133(1)(a) and reg. 115(1)(d)(i} insofar as those rules appear to provide that persons elected to be Federal officers shall, without any further election, also be members of the Federal Council and Federal Executive?

Answer: No

(3)

(b)

Does rule 27 contravene s.133(1)(a) and reg. 115(1)(d) insofar as that rule appears to provide that persons elected to be Branch President and Branch Secretary shall, without any further election, also be members of the Federal Council?

Answer: No

(c)

Does rule 41 contravene s.133(1)(a) and reg. 115(1)(d) insofar as that rule appears to provide that a person elected to be Branch President shall, without any further election, also be a member of the Federal Executive?

Answer: No

Do the said rules satisfy the relevant requirements of paragraphs (a) and (c) of s.140(1)?

Answer: So far as the requirements of paragraph (a) of