Federal Court of Australia
SON / re
4o\ CATCHWORDS
Industrial law - Commonwealth Conciliation and
Arbitration Act 1904 - entitlement to admission to
.
membership of Federation - whether commencement of
employment a pre-condition to eligibility or qualification to be employed in Industry svfficient -
meaning of "engaged" un eligibility rules ~- date from
which declaration of entitlement to inembership should
apply - whether conrract of employment can he terminated by the unilateral wrongful act of one perty without acceptance of the repudiaci by the o.icr
party. Conciliation and Arbitration act' 1904 144 Paul Turner ve The Australasian Coal and Shale
Employees Federation and Anor.
Northrop, Keely & Gray JJ. 26 September 1984 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
INDUSTRIAL DIVISION
N.S.W. No. 2 of 1984
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
CORAM:
DATE:
PLACE:
THE COURT
PAUL TURNER Appellant
and
THE AUSTRALASIAN COAL AND SHALE EMPLOYEES FEDERATION and ELCOM COLLIERIES PTY. LIMITED Respondents
Northrop, Keely and Gray JJ. 26 September 1984
Melbourne
ORDER
ORDERS AND DECLARES THAT:
The Appeal be allowed and the Order of the Court below be set aside.
On 15 August 1983, Paul -Turner was entitied to be admitted as a member of The Australasian Coal and Shale Employees Federation.
The Australasian Coal and Shale _ Employees Federation treat Paul Turner as being a member of the Federation.
The matter be remitted to the Federal Court of Australia, constituted by a single Judge, for the determination of the question whether relief, and
if so what relief, should be granted against Elcom Collieries Pty. Ltd.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N.S.W. No. 2 of 1984
ers ww ws
INDUSTRIAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PAUL TURNER Appellant and THE AUSTRALASIAN COAL AND SHALE EMPLOYEES FEDORAT(UON and ELCOM COLLIVRT WS Oty. LU TS Respondears THE COURT: Northrop, Keely ard Gray JJ. DATE: 26 Septenber 1984 PLACE: Melbourne
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