Federal Court of Australia
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tt \ - as CATCHWORDS YOR hl "ML ee Lane a Industrial law - s.140(1)(c) of the Conciliation and Arbitcation Act 12904 - whether union vules restricting
eligibility for nomination for position of Federal Secretary contravene 5.140(1)(c) - eligibility dependant upon decision of branch meeting as to reasonableness of an excuse for non
attendance thezeat.
Coneiliation and Arbitration Act 1904 s,.140(1)(c)
JOSEPH HENRY MOFFITT v. THE VEHICLE BUILDERS EMPLOYERS'
NT No. 6 of 1985
Smithers, Keely & Wilcos JJ.
15 August 1985
Sydney.
. re eee .
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT RECISTRY
NO. 6 OF 1985
INDUSTRIAL DIVISTON
On Appeal from a Single Judge of the Federal Court of
Australia
Between: JOSEPH HENRY MOFPITT
(Appellant)
And: THE VEHTCLE BUILDERS EMPLOYEES '
FEDERATION OF AUSTRALIA
(Respondent)
Judges Making Order: Smithers, Keely and Wilcox du.
Date of Order: 15 August 1985 Where Made: Sydney. ORDER 1. The Court orders that the appeal be allowed.
2. (a)
The Court orders and declares that in so far as Ssub-r¢.d(1ii) of r.6 of the rules of the respondent provides that to be eligible for romination for election as Federal Secretary of the organization a menber mast at the date of nomination have teken an active interest in the work of the Branch, sub-Branch o: office to which he is attached or
belongs by attending at least 50% of Ehe Branch or
(b)
2.
sub-Branch mectings for two years immediately prior Lo the date of the calling of nominations, that sub-rule contravenes the provisions of
$,140(1)(c) of the Act; and
that suh-r.(d)(iv) contravenes the provisions of
$.140(1)(c) of the Act.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. 6 OF 1985
INDUSTRIAL DIVISTON
On Appeal from a Single Judge of the Federal Couct of Australia
Between: JOSEPH HENRY MOFF ITI
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