Troja, Frank v Macdonald, L & Ors [1981] FCA 286

| JUDGMENT No. .206,..7E/

EX TEMPORE JUDGMENT sewoereceasecoscoc! onececesesee

IN THE FEDERAL COURT OF AUSTRALIA

V. No. 25 of 1981

) ) VICTORIA DISTRICT REGISTRY ) ) )

INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act 1904

BETWEEN: FRANK TROJA

Applicant

AND: L. MACDONALD, W. J. CURRAN, M. McPIKE and THE AUSTRAL- ASIAN MEAT INDUSTRY EMPLOYEES UNION

PANO? A: ReGisray é Respondents

Coram: Smithers J.

i 23 October 1981

Melbourne

REASONS FOR JUDGMENT

With respect to the substance of this matter, it

has been put very clearly and forcibly on behalf of the

respondents that the statements or comments or observations

contained in the union letters of 26 August 1981 and 2 October

eo. ia

1981, so far as they refer to the applicant, ought to be regarded as mere comments in the course of a controversy between the union and those who are responsible for its

policy in recent times and the applicant himself.

BAe a es

a F ; { i j t i

It seems there has been some controversy, in particular, as far as the evidence seems to show, in relation to the steps that ought to be taken to cope with the very real problem of the volume of export of live sheep. It is no doubt true, that a fair discussion of the controversy and the opposing points of view in relation to it, are proper matters for discussion in a union communication to members. But it is equally clear that the existence of controversy and a desire to ventilate views cannot be used as a cloak for the use of union resources for the purpose of assisting any candidate or potential candidate at an election or influencing

the electorate for or against any particular candidate.

In that respect, it is only necessary to refer to all the cases which have been quoted before me which are referred to in the judgment of Sheppard J. in the Australian

Postal and Telecommunications Union ex parte Wilson (1979)