Australian Transport Officers Federation v. The State Public Services Federation [1981] FCA 8

CATCHWORODS

Industrial law - application for deregistration - failure

to observe rules providing for alteration od rules re conditions of eligibility - Registrar's satisfaction that alteration made in accordance with procedures laid down

in rules condition precedent to consent - applicant not estopped by decision of Deputy President - Motion to set aside originating process - Jurisdiction to hear application under s.143(1)(c) where rules alleged not to have been

observed are rules prescribing method of altering rules

Conciliation and Arbitration Act, 1904, ss.88F, 139, 143

N.S.W. No. 25 of 1980

The Australian Transport Officers Federation v. The State Public Services Federation

Coram: J.B. Sweeney, Evatt, Northrop JJ. Sydney

13 February, 1981

IN THE FEDERAL COURT OF AUSTRALIA

NEW_SOUTH WALES DISTRICT REGISTRY ) NO. 25 OF 1980 ) )

INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act, 1904 AND IN THE MATTER of an application under Section 143(1)(c) of the said Act BETWEEN THE AUSTRALIAN TRANSPORT OFFICERS FEDERATION Applicant

AND THE STATE PUBLIC SERVICES FEDERATION

Respondent ORDER

JUDGES MAKING ORDER: J.B. Sweeney, Evatt and Northrop JJ.

DATE OF ORDER: 13 February 1981 WHERE MADE: Sydney

THE COURT ORDERS THAT:

1. The application be adjourned sine die. 2. Liberty is reserved to either party to apply on 48 hours notice.

3. The notice of motion be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) NO. 25 OF 1980

INDUSTRIAL DIVISION )

IN _THE MATTER of the Concrilratron and Arbitration Act, 1904

AND_IN THE MATTER of an application under Sectzon 143(1)(c) of the said Act BETWEEN THE AUSTRALIAN TRANSPORT OFFICERS FEDERATION Applicant

AND THE STATE PUBLIC SERVICES FEDERATION

Respondent

CORAM: J.B. Sweeney, Evatt and Northrop JJ.

13 February 1981.

REASONS FOR JUDGMENT