Bucknall, Gary Thomas v Printing & Kindred Industries Union [1981] FCA 24

CATCH ORDS

Industrial law - election inquiry - ss. 159, 170

Conciliation and Arbitration Act - eligibility to nominate for position - requirement for continuous

financial membership over a period of time -

Printing and Kindred Industries Union, Western

Australian Branch Rules 18, 26B(6)(b), Union Rule 15 - « whether permissible to bring challenge to rules of

union with application for election inquiry - whether

eligibility rules are oppressive, uhreasonable or unjust -

$s.140 Conciliation and Arbitration Act.

GARRY THOMAS BUCKNALL and the PRINTING AND KINDRED INDUSTRIES UNION

W.A. No. 8 of 1980 CORAM. TOOHEY J. jth March 1981

DARWIN.

' 1 oTy a . Wwe 2a Jtnuo.i | es Oe Se Or sO

WESTERN AUSIRALIA DISTRICT REGISTRY

No. 8 of 1980

a

INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act 1904

AND IN THE MATTER of an Application by Garry Thomas Bucknall for an Inquiry into an Election in the PRLNTING AND KINDRID INDUSTRIES

UNION

(R No. 250 of 1980)

AND_IN THE MATTER of a Reference of such Applreation by the Industrial Registrar to the Federal Court of Australia

CORAI TOOHEY J.

+h iS March 198]

REASONS FOR JUDGMENT

In form this is an application under s.159 of the

Conciliation and Arbitration Act 1904 for an inquiry by the

Court into a claim that there has been an irregularity in or in connection with an election to the office of organiser in the Printing and Kindred Industries Union, Western Australian Branch. It emerged however as a challenge to rules of the organisation, on the ground that they were oppressive, unreasonable or unjust.

The election was conducted by the Industrial Registrar

pursuant to s.170 of the Act In such a case the Court is

not required to proceed with an inquiry under s.159 "unless it

is satisfied that there 1s reasonable ground for the application" (s.159(4) para.(b)). I do,not read this provision as obliging the Court to satisfy itself that there is reasonable ground for the application before