Federal Court of Australia
CATCHWORDS
Industrial Law - Applicant offered employment by second respondent subject to his achieving clearance and
membership of first respondent - Declaration sought under s.144 that applicant entitled to be admitted as member of
an organisation - Claim that applicant employed or deemed
to be employed - Eligibility for membership of organisation - Offer of employment subject to conditions precedent - Whether there is an existing contract of employment supportive of
s.144 order sought - Eligibility rule construed.
Conciliation and Arbitration Act 1904-1983 ss.144(1), 144(3), 144(4), 144(5)
JOHN PATRICK KENNEDY v. THE AUSTRALASIAN COAL AND SHALE
EMPLOYEES FEDERATION and ELCOM COLLIERIES PTY. LIMITED
No. 14 of 1983
Beaumont, J. 21 December, 1983. Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES REGISTRY ) ) )
INDUSTRIAL DIVISION
BETWEEN:
AND:
AND:
|
Judge making order:
Date order made:
Where made:
No. 14 of 1983
IN THE MATTER of the Conciliation & Arbitration Act, 1904-1983
JOHN PATRICK KENNEDY
Applicant
THE AUSTRALASTAN COAL AND SHALE EMPLOYEES FEDERATION
First respondent
ELCOM COLLIERIES PTY. LIMITED
Second respondent
ORDER
Beaumont, J.
21 December, 1983.
Sydney
THE COURT ORDERS THAT;
1. The amended application be dismissed,
"se
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES REGISTRY ) ) )
INDUSTRIAL DIVISION
No. 14 of 1983
IN THE MATTER of the Conciliation & Arbitration Act, 1904-1983
BETWEEN: JOHN PATRICK KENNEDY Applicant AND: THE AUSTRALASIAN COAL AND SHALE
EMPLOYEES FEDERATION
First respondent
AND: ELCOM COLLIERIES PTY. LIMITED
Second respondent
CORAM: BEAUMONT, J.
DATED: 21 December, 1983.
REASONS FOR JUDGMENT (No. 2)
The nature of the application
These proceedings arise out of a claim that the
applicant,
as an employee or deemed employee of the second
ord
respondent, is entitled to be admitted as a member of the first respondent. The primary question in the case is
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