Bonner, Dennis John v McAuley, Len & Ors [1983] FCA 253

CATCHWORDS

Administrative law - judicial review - A.B.C. Promotions Appeal Board - appeal against promotion - decision of Chairman as to which organization (union) should nominate a member of the Board - whether A.B.C. Staff Association rightly so selected as the "organization of which it is appropriate

for a person occupying the vacant position concerned to be

a member".

Administrative Decisions (Judicial Review) Act 1977 s.5(1) (da) and (3) Broadcasting and Television Act 1942 ss.30, 43(2) and (6), 45, 47, 48, 49, 50(2) and (5)

Dennis John Bonner -v- Len McAuley and Ors. (No.G. 178 of 1982)

Evatt Jd.

30 September 1983

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.178 of 1982 ) )

GENERAL DIVISION

BETWEEN: Dennis John Bonner Applicant

AND: Len McAuley First Respondent

D. Prior Second Respondent

Peter Knevitt Third Respondent

Australian Broadcasting Commission Staff Association

Fourth Respondent

ORDERS

JUDGE MAKING ORDER: EVATT J. WHERE MADE: SYDNEY

DATE OF ORDERS: 30 September 1983 THE COURT ORDERS THAT:

1. The decision of the Chairman of the Australian Broadcasting Commission Promotions Appeal Board that the Australian Broadcasting Commission Staff Association be the organization to nominate a member of the Appeal Board in the appeal of Dennis John Bonner relat- ing to position No.P 150622, Engineer Class 3 (Senior Engineer, Design and Development) be set aside.

2. The Court declares that the "organization of which it is appropriate for a person occupying the vacant position concerned

to be a member" within the meaning of para.(ii) of s.50(2) (b)

of the Broadcasting and Television Act 1942 is the Association

of Professional Engineers, Australia.

3. The application 1s adjourned to a date to be fixed to hear evidence and argument, if any, on costs; and

4. All parties are at liberty to apply on 7 day's notice.