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CATCHWORDS
Industrial Law - Registered organization - Rules - whether
oppressive, unreasonable or unjust - whether members deprived of control of governing bodies - construction of rule concerning
Divisions - Conciliation and Arbitration Act 1904 s.140(1)
Bernard Jack Willingale -v- Australian Federated Union of Locomotive
Enginemen
(N.S.W. No.46 of 1982)
EVATT J.
Sydney
18 March 1983
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. N.S.W. 46 of 1982
INDUSTRIAL DIVISION
BETWEEN: BERNARD JACK WILLINGALE Applicant
AND: THE AUSTRALIAN FEDERATED UNION OF LOCOMOTIVE ENGINEMEN
Respondent
ORDER JUDGE MAKING ORDER: EVATT J. DATE OF ORDER: 18 MARCH 1983 WHERE MADE: SYDNEY
THE COURT ORDERS THAT : The order nisi herein dated 17 December 1982 be discharged.
Date Entered: DISTRICI REGISTRAR
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. N.S.W. 46 Of 1982
INDUSTRIAL DIVISION
wee SS
BETWEEN: BERNARD JACK WILLINGALE Applicant
LOCOMOTIVE ENGINEMEN Respondent
AND: THE AUSTRALIAN FEDERATED UNION OF
18 March 1983 EVATT J.
REASONS FOR JUDGMENT
On 29 July 1982 the Court, in matter N.S.W. No.40 of 1981, determined that the then certified rules of the Australian Federated Union of Locomotive Enginemen (the organization), an organization registered under the Conciliation and Arbitration Act 1904 (the Act), making provision for the constitution of the organization's controlling body, the Australian Council (r.7(2)) and for the calling of a plebiscite (r.16) were, following the principles la1d down 1n McLeish -v- Kane (1978) 36 F.L.R. 80, contrary to the provisions of s.140 of the Act.
In lieu of making a declaration pursuant to s.140(5G) the Court stood
the matter over pursuant to s.140(6) 1m order that the organization be given the opportunity to amend its rules. No determination in respect of the validity of r.9(1), making provision for the constitution of the
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