Federal Court of Australia
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CATCHWORDS
Industrial law - conciliation and arbitration - power to approve a scheme to enable a collective body to function effectively - nature of jurisdiction and power conferred - matters contained in scheme - whether officer of branch may be authorised to take action to fill offices
- whether deeming provisions may be approved.
Conciliation & Arbitration Act 1904 s.171D
THE APPLICATION OF PATRICK GALLAGHER for an order
pursuant to Section 171D of the Conciliation and
Arbitration Act 1904 in respect of THE FEDERATED COLD
STORAGE & MEAT PRESERVING EMPLOYEES UNION OF AUSTRALIA
V. NO. 44 OF 1983
Smithers, Northrop & Keely JJ.
21 October 1983
Melbourne.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V No. 44 of 1982 ) )
INDUSTRIAL DIVISION
THE APPLICATION of PATRICK GALLAGHER for an order pursuant to Section 171D of the Conciliation and Arbitration Act 1904 in respect of THE FEDERATED COLD STORAGE & MEAT PRESERVING EMPLOYEES UNION
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OF AUSTRALASTA
Judges Making Order: Smithers, Northrop & Keely Ju.
Date of Order: 21 October 1983 Where Made: Melbourne ORDER 1. The Court declares that collective bodies of the
Federated Cold Storage & Meat Preserving Employees Union of Australasia (hereinafter referred to as "the Organization"), namely the Federal Council, Federal Executive and Federal Committee of Management, have ceased to exist or to function effectively and there are no effective means under the Rules of the Organization by which those collective bodies can be reconstituted or enabled
to function effectively.
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The Court declares that offices or positions in the Organization are vacant, namely the offices of Federal President, Federal Vice-President, General Secretary, Federal Treasurer and all positions on the Federal Council, Federal Executive and Federal Committee of Management and there are no effective means under the Rules of the Organization to fill
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