Allen, Francis & Anor v Henderson, Frederick Horatio & Ors [1983] FCA 83

CATCHWORDS

Conciliation and Arbitration Act 1904 - application

for orders to perform and observe rules of registered organization - suspension and dismissal of branch organizers from "office" within meaning of s.4 of the Act - power to suspend branch organizer - rules of natural justice - bias - compliance with notice

requirements of branch rules

Conciliation and Arbitration Act 1904, ss.4, 115(1), 141.

FRANCIS ALLEN and LESLIE ALAN SEMPLE PARK v. FREDERICK HORATIO HENDERSON and THE BUILDING WORKERS INDUSTRIAL UNION OF AUSTRALIA

FRANCIS ALLEN and LESLIE ALAN SEMPLE PARK v. FREDERICK HAGGER, THOMAS HORATIO HENDERSON, P. SIDERIS, N.G. PARKER,

J.P. FRENCH, K.B. HALL AND THE BUILDING WORKERS INDUSTRIAL UNION OF AUSTRALIA

Nos. WA 1 and 2 of 1983 WA 3 of 1983

Toohey J. Perth

6 May 1983

a

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION

Nos. WA 1 and 2 of 1983 WA 3 of 1983

IN THE MATTER OF THE CONCILIATION AND ARBITRATION ACT 1904

BETWEEN:

FRANCIS ALLEN and LESLIE ALAN SEMPLE PARK

Applicants

and

FREDERICK HAGGER and THOMAS HORATIO HENDERSON and

THE BUILDING WORKERS INDUSTRIAL UNION OF AUSTRALIA

Respondents

FRANCIS ALLEN and LESLIE ALAN SEMPLE PARK

Applicants

and

FREDERICK HAGGER, THOMAS HORATIO

HENDERSON, P. SIDERIS, N.G. PARKER,

J.P. FRENCH, K.V. HALL AND

THE BUILDING WORKERS INDUSTRIAL

UNION OF AUSTRALIA

. Respondents Oo R D E R JUDGE MAKING ORDER : Toohey J. WHERE MADE Hy Perth DATE OF ORDER H 6 May 1983 THE COURT ORDERS THAT: 1. In applications Nos. WA 1 and WA 2 of 1983

the respondent Thomas Horatio Henderson

perform and observe the rules of the Federal organization by treating as null and void the suspension of the applicants as organizers

of the Western Australian Branch of The

Building Workers' Industrial Union of Australia on 2 February 1983.

In application No. WA 3 of 1983 the respondents Frederick Hagger, Thomas Horatio Henderson,