Hodder, E.R. v. The Australian Workers Union [1985] FCA 366

CATCHWORODS

INDUSTRIAL LAW - union rules - powers of Executive Council wide - whether composition of Executive Council oppressive, unreasonable s¢ unjust - undemocratic composition - all States equal in voting

power - great disparity of numbers of members in various States.

Conciliation and Arbitration Act 1904, ss.2(fT), 140

Conciliation and Arbitration Regulations, reg. 115(1)(d)(v)

ERROL RAYMOND HODDER wv. THE AUSTRALIAN WORKERS' UNION

QLD 95 OF 1985

PINCUS J. BRISBANE 2 AUGUST 1985

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD Q5 of 1985 INDUSTRIAL DIVISTON )

BETWEEN : ERPOL RAYMOND HODDER

Applicant AND: THE AUSTRALIAN WORKERS' UNION Respondent MINUTES OF CRDER

JUDGE MAKING ORDER: PINCUS J.

DATE OF ORDER: 2 AUGUST 1985

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The application be adjourned to a date to be fixed.

NOTE: Settlement and entry of orders is dealt with 1n Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD Q5 of 1985 INDUSTRIAL DIVISION )

BETWEEN : ERROL RAYMOND HODDER

Applicant AND: THE AUSTRALIAN WORKERS' UNION Respondent PINCUS J. 2 AUGUST 1985

REASONS FOR JUDGMENT The applicant 1s the secretary of the Queensland Branch of the Australian Workers' Union and one of the national vice-presidents. He has obtained a rule that the Union show

cause against the granting of orders under s.140 of the

Conciliation and Arbitration Act 1904 declaring that Rule 36 of

the Union's rules contravenes 5.140{1)(c) of the Act and other

orders ancillary to that.

Under Rule 36 there is an Executive Council, which I shall call simply "the Executive", which is composed of the president, six vice-presidents, the general secretary and six branch councillors; each holds office, subject to the possibility of prior removal, for four years. Each branch is represented by a vice-president anda branch councillor and that is the source of the applicant's complaint. He says that when one examines the