Adams, Geoffrey David v M.K. Hill & Ors [1984] FCA 163

CATCHWORDS

Industrial Law - application under s.141 of Conciliation

and Arbitration Act for enforcement of rules - provisions

of rules relating to election of delegates to A.L.P. State Conference ~ whether Union State Council 1s the constituency for election nominated by the rules - whether the rules

empower the State Council to select itself as the

constituency, and in contrast to election by all financial members of the Union in the State - relevance of s.133 of

the Act - whether "substantial compliance" test is applicable -

proper exercise of the discretion of the Court.

Conciliation and Arbitration Act, 1904 - ss.4, 133, 141 Rules of Amalgamated Metal Foundry and Shiprights Union

ss. 2, 20, 21, 23, 25

ADAMS V HILL (No. I.20 of 1984)

CORAM: WILCOX J

PLACE: SYDNEY

DATE: TUESDAY, 19 JUNE, 1984

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) No. I.20 of 1984

INDUSTRIAL DIVISION )

BETWEEN : GEOFFREY DAVID ADAMS Applicant AND: M.K. HILL AND ORS. Respondents

REASONS FOR JUDGMENT

CORAM: WILCOX J DATE: 19 JUNE. 1984 PLACE: SYDNEY

This is the return of an order to show cause made by

St.John J on 17 May, 1984.

The matter concerns a dispute between members of the

Tasmanian branch of the Amalgamated Metals Foundry and

Shiprights Union as to the method of election of delegates of

the Union to meetings of the Australian Labor Party, with which the Union is affiliated. Affidavit evidence was filed on behalf both of the applicant and the respondents but it was

agreed between counsel that I should deal with the matter by reference to a statement of agreed facts (Exhibit B). The

facts set out hereunder are taken from that source.

The applicant is a financial member of the Union and 1s State Secretary of its Tasmanian branch. By virtue of his office he is a member of the State Council of the Tasmanian branch. The remaining members of State Council are amongst