Squires, R.J. v. Flight Stwards Association of Australia [1982] FCA 171

CATCHWORDS

INDUSTRIAL LAW - Conciliation and Arbitration - Discipline

of member - Flight steward - Disapproval by member of resolution of union approving industrial action in nature of bans - Purported resignation from union by member stating intention to offer services to employer (Qantas) - Resignation ineffective ~ Charge of member for advocating disobedience to rules - Resolution finding him guilty fining and suspending him for one month - Resolution admittedly invalid for failure to serve charge - Whether resolution imposed penalty on member - Whether coercion by union on employer to take action un relation to member in order to avoid undustrial action - Whether member refused to join in industrial action - Whether request by union to employer to stand down member an injury

to member in his employment - Whether directive by union to members not to work with member who refuses to join industrial

action imposed disability.

Conciliation and Arbitration Act 1904, ss.5(1) (aa), 5(4), 188, 188(1), 188(1) (b), 188(1) (e), 188 (4)

RICHARD JAMES SQUIRES v. FLIGHT STEWARDS ASSOCIATION OF AUSTRALIA

N.S.W. No. 20, 21, 22, 23, 24, 25 of 1982

ELLICOTT J. 19 AUGUST, 1982

SYDNIY

IN THE FEDERAL COURT OF AUSTRALIA

No 20 of 1982 INDUSTRIAL DIVISION No 21 of 1982 - No 22 of 1982 No 23 of 1982 No 24 of 1982 No 25 of 1982

THE CONCILIATION AND ARBITRATION ACT 1904

RICHARD JAMES SQUIRES

Prosecutor

AND

FLIGHT STEWARDS ASSOCIATION OF AUSTRALIA

Defendant

CORAM: Ellicott J. 19 August, 1982

REASONS FOR JUDGMENT

Richard James Squires ("the informant") has instituted proceedings against the Flight Stewards Association of Australia ("F.S.A.A.") pursuant to s.188 of the Conciliation and Arbitration Act 1904 ("the Act"). Six charges have been laid, one alleging a breach of s.188(1)(b) and five alleging breaches of s.188(1)(e) of the Act. It was agreed that all six charges should be