Dugmore, John v Porter, J.G. & Ors [1982] FCA 284

CATCHWORDS

Industrial law - conciliation and arbitration - organizations

- orders directing performance or observance of rules -~ relevant rules previously declared to be contrary to s.140 ~

- adoption and enforcement of policy to give effect to those rules - validity of resolution adopting that policy.

Conciliation and Arbitration Act 1904, ss.132, 133, 133A,

134, 139, 140, 141, 157 Conciliation and Arbitration Regulations reg.115

DUGMORE v. PORTER and ORS.

N.S.W. No.27 of 1982 Northrop J- Sydney

17 December 1982.

DELLE EAN OPT OM GRATE BNR ASTER He EL eat aS eee OR IN THE FEDERAL COURT OF AUSTRALIA ) ) NEw SOUTH WALES DISTRICT REGISTRY ) N.S.W. No. 27 of 1982 ) . INDUSTRIAL DIVISION ) BEIWEEN: JOHN DUGMORE Applicant and J. G. PORTER and ORS. Respondents NORTHROP J. REASONS FOR JUDGMENT 17 DECEMBER 1982

The issue raised by these proceedings involves a matter of policy passionately adhered to by a large number of members of the Printing and Kindred Industries Union, "the Union", namely the adoption and enforcement of the O.K. Card

system. The question raised by the proceedings 1s whether

action taken by the respondents herein to implement and enforce the O.K. Card system within the New South Wales branch of the Union, "the Branch", is authorized by the rules of the Union or on some other basis. To be more accurate the question is whether the respondents should be directed to perform and observe the rules of the Union and of the Branch by ceasing to implement and enforce the C.K. Card system in

New South Wales.

OS POPE AE Ren tered aN ee NAR TY AAT TONG Bt te me eee PN py Py 4 - ' : -

1 PPL, OMT OO tT ' ST a eae

At all relevant times the Union has been an

organization of employees under the Conciliation and

Arbitration Act 1904, as amended, "the Act". Union rule 57

of the Rules of the Union contains provisions relating to