Hawkins, M.A. v. Willis, F.K. & Ors [1981] FCA 181

CATCHWORDS

Industrial law - Rules of organization - power to dismiss an elected officer of Union - Rule which fails to comply

with Cwth.Conciliation and Arbitration Act 1904 s.133(1) (£)

- elected officer found guilty by domestic tribunal of

offences the conduct involved in which was characterised by

the tribunal as gross neglect of duty, although the officer was not charged with having been guilty of conduct of that character - whether appeal from decision of domestic tribunal precluded recourse to the Court under s.140 of the Act - distinction between decision void for lack of power and ||

decision affected by failure to accord natural justice.

MERVYN ALFRED HAWKINS v. F. K. WILLIS & ORS.

N.S.W. No. 34 of 1981

Smithers, Evatt & Deane JJ.

22 October 1981

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

INDUSTRIAL DIVISION

ORDERS

JUDGES MAKING ORDERS: Smithers, DATE OF ORDER:

WHERE MADE: Sydney

and Arbitration Act,

) ) ) NSW No.34 of 1981 ) )

IN THE MATTER of the Conciliation 1904.

AND IN THE MATTER of an Application under Section 141 of the said Act.

BETWEEN: MERVYN ALFRED HAWKINS Claimant AND: F.K. WILLIS AND OTHERS

Respondents

Evatt and Deane JJ.

22 October 1981

THE COURT ORDERS THAT the questions asked in the Case Stated

be answered as follows:

QUESTION 1:

Whether the Claimant is precluded as a matter of law from commencing or, alternatively, from proceeding with his application for relief pursuant to Section 141 of the

Conciliation & Arbitration Act, 1904 by virtue of his appeal

from the decision of the Federal Executive to the Federal Conference pursuant to Rule 56(vii) of the organization,

which: appeal was made on 25th June 1981.

ANSWER:

No.

QUESTION 2:

Whether the Court has a discretion:-

(a) To refrain from hearing or refusing to hear the Claimant's claim for relief pursuant to Section 141 of the Act by reason of his