Heaney, Desmond v Greig, W.A. & Anor [1985] FCA 6

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CATCHWORDS INDUSTRIAL LAW - Validating provisions - Registered organization - Validity of proceedings at meeting of Federal Conference of orqanization - Whether branch "unfinancial" - Whether delegates entitled to

participate in any ballot or vote at the meeting - Duties of Federal Secretary - Meaning of rules.

Conciliation and Arbitration Act 1904, s.171C

DESMOND _HEANEY v. W.A. GREIG and ASSOCIATION OF DRAUGHTING, SUPERVISORY AND TECHNICAL EMPLOYEES

No. ACT 12 of 1984

CORAM: Neaves J.

1 February 1985

Canberra

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

) ) ) ) No. ACT 12 of 1984 ) ) )

INDUSTRIAL DIVISION

IN THE MATTER of an application made pursuant to section 171C of the Conciliation and Arbitration Act 1904

BETWEEN : DESMOND HEANEY Applicant AND: W.A. GREIG

First Respondent - and -

ASSOCIATION OF DRAUGHTING, SUPERVISORY AND TECHNICAL EMPLOYEES

Second Respondent CORAM: Neaves J.

DATE: 1 February 1985

REASONS FOR JUDGMENT

Desmond Heaney ("the applicant") is a member of the Association of Draughting, Supervisory and Technical Employees ("the Association") which 1s an organization of employees reqistered under the Conciliation and Arbitration Act 1904 ("the Act"). The applicant has applied to the Court pursuant to section 171C of the Act for the determination of the question whether an invalidity occurred

in the management or administration of the Association or in

an election for office bearers within the Association. In the event that such an invalidity is found to exist, the Court is asked to make an order rectifying the invalidity or validating the acts, matters or things rendered invalid by or as a result of the invalidity. The respondents to the application are the Association and the Federal Secretary

thereof.

The invalidity is said to have occurred at the meeting of the Federal Conference of the Association held from 2 to 6 May 1983 and to have tainted the elections conducted at that meeting for the positions of Federal President, Federal Vice-Presidents and delegates to the Federal Executive from the branches and some or all of the resolutions carried at that meeting, being elections and resolutions in or upon which the delegates representing the South Australia Branch of the Association, or one or more of such delegates, voted. The basis of this assertion is that, by virtue of the provisions of sub-rule 58(b) of the rules of the Association, the South Australia Branch was deemed to be unfinancial and the delegates representing that branch were not entitled to participate in any ballot or vote in the absence of a considered decision of the Federal