Adams, Geoffrey David v Amalgamated Metals Foundry and Shipwrights Union [1984] FCA 55

CATCHWORDS

Industrial Law ~- Union rules - Conciliation and Arbitration Act, 1904 s.133(1) (db)—- Whether directory or mandatory - Whether any flexibility in statutory period - Whether court

has discretion under s.140.

Conciliation and Arbitration Act, 1904 s.133(1) (db), 140 Acts Interpretation Act, 1901, s.15AAa

GEOFFREY DAVID ADAMS v. AMALGAMATED METALS FOUNDRY AND SHIPWRIGHTS UNION

N.S.W. No. 10 of 1984

Beaumont, J. 21 March, 1984. Sydney.

The Queen v. Commonwealth Industrial Court; Ex parte The

Amalgamated Engineering Union, Australian Section (1960) 103 C.L.R. 368 - con.

) ) NEA SOUTH WALES DISTRICT REGISTRY ) ) )

INDUSTRIAL DIVISION

N THE FEDERAL COURT OF AUSTRALIA

Led

N.S.W. No. 19 oF i984

BETWEEN: GEOFFREY DAVID ADAMS

Applicant

AND: AMALGAMATED METALS FOUNDRY AND SHIPWRIGHTS UNICN

Respondent

ORDER Judge making order: Beaumont, J. Date order made: 21 March, 1984.

Where made: Sydney

THE COURT ORDERS THAT:

1. I make orders in accordance with paras. 1 and 2 of the

order to show causa.

ent ry un hd [or i Fa fa la] (a) Oo 2 intF it [o) F] 'y (3) (7) Fi tw i yay iat

N.S.W. No. 10 of 1984

BETWEEN: GEOFFREY DAVID ADAMS

applicant

AND: AMALGAMATED METALS FOUNDRY AND SHIPWRIGHTS UNION .

Respondent

CORAM: Beaumont, J.

DATED: 21 March, 1984.

REASCNS FOR JUDGMENT This is an application for declarations brought pursuant to s.140 of the Conciliation and Arbitration Act, 1904 ("the Act") alleging a contravention by the respondent of the provisions of s.133 (1)(db) of the Act. The applicant, a4 member of the respondent which is an organisation registered under the Act, applies to the Court

pursuant to 5.140(2) for the following relief:

. "lL. An Order that Rule 2 Part F of the Rules "sof the Organisation:-

PN (a) is contrary to or fails to make a provision required by a provision of the Conciliation and

Arbitration Act, 1904, contrary to Section 140(1)(a) of the Act;