Mapstone, David John Garland & Ors v Maynes, John Peter & Ors [1983] FCA 111

| 5 CATCHWORDS

INDUSTRIAL - second respondents dismissed as Branch Organizers by the Branch Council of the Union - second respondents employed by the Union as Branch Organizers - construction of Union and Branch Rules - autonomy of Branch - "matters affecting members of

the branch only".

Conciliation and Arbitration Act 1904, as amended, s. 140(1) (a), ¢.141(9)

Industrial Conciliation and Arbitration Act 1961, as amended, (Q1d)

°

DAVID JOHN GARLAND MAPSTONE & ORS v. JOHN PETER MAYNES

& ORS (first respondents), ALEXANDRA JOHN NUCIFORA & ORS (second respondents) and FEDERATED CLERKS' UNION OF AUSTRALIA (third respondent)

Qld No. Qi of 1983

FITZGERALD J. BRISBANE 6 JUNE 1983

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) Qld No. Q1 of 1983 INDUSTRIAL DIVISION ) BETWEEN:

AND:

AND:

AND:

DAVID JOHN GARLAND MAPSTONE, BERNADETTE ANNE CALLAGHAN, GABRIELLE MARY CRAWFORD, CHRISTOPHER WOODS and DIANNE MARGARET LINNANE

Applicants

JOHN PETER MAYNES, JOAN RIORDAN, TERRENCE WILLIAM SULLIVAN, RICHARD JOHN WASSON, VINCENT HIGGINS, DOUGLAS PRY, HARRY KRANTZ, JOHN DANIEL SMITH, MAXWELL MULLER

LESLIE THOMAS HAUFF, GREGORY DAVID SWORDS, JOHN DUNCAN CAMERON

First Respondents

ALEXANDRA JOHN NUCIFORA, GORDON MCPHERSON, DAVID LEWIS, GRAHAM TREACY, PAUL GRIFFITHS PATRICK JAMES BROPHY, TADEUSZ MARTAN KOWALSKI, VINCENT MCKENNA

Second RrEspondents

FEDERATED CLERKS UNION OF AUSTRALIA Third Respondent

JUDGE MAKING ORDER: FITZGERALD J.

DATE OF ORDER: 6 JUNE 1983

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The

respondents other than the third

respondent observe the rules of the

Federated Clerks' Union of Australia :

(a)

by terminating forthwith the purported appeals by the second respondents from their dismissal as Branch organizers by the Branch Council of the Trederated Clerks' Union of Australia Central and Southern Queensland Branch;