Young, D. v. The Australlian Workers Union [1985] FCA 414

CATCHWORDS

Industrial law - registered organizations - validity of

construction - whether rules as amended valid.

Conciliation and Arbitration Act 1904, s. 140.

DIGBY YOUNG v. THE AUSTRALIAN WORKERS' UNION

GRAY J. 27TH MAY 1985

SYDNEY.

rules

—-,

IN THE FEDERAL COURT OF AUSTRALIA) ' 7]

) : y NEW SOUTH WALES DISTRICT REGISTRY) ' re

) "Not 34 of 1982 INDUSTRIAL DIVISION ) No. 27 of 1983

BETWEEN:

DIGBY YOUNG

Applicant

THE AUSTRALTAN WORKERS' UNION

Respondent

JUDGE: GRAY Jd.

DATE: 27TH MAY, 1985

EX TEMPORE REASONS FOR JUDGMENT:

On 7th December 1984, judgment was delivered in these proceedings. It was ordered that the proceedings be adjourned until 15th March 1985 for the purpose of giving the respondent an opportunity to alter its rules. That order was made pursuant to

s. 140(6) of the Conciliation and Arbitration Act 1904.

The matter was further adjourned for the purpose of argument as to whether the alterations which have been made have dealt adequately with the defects in the rules identified by the

Court in the reasons for judgment. The matter has come before me

- 2 - today for the purpose of determining whether the defects have

been cured.

Some discussion occurred with Mr. Shaw, of counsel for the applicant, as to the proper approach which the Court should take to a matter such as this. It was conceded by Mr. Shaw that I should not travel outside the areas of controversy raised hy the original application; accordingly I look at the amendments which have been made to the rules on the footing that the question I have to determine is whether the objections which were

held to be valid are now overcome by the amendments. The relevant rule amendments are as follows:

In vr. 4(c) the definition of members who are financial has been

repealed and replaced by the following:

"(c) Members who are financial are those having paid the whole of the annual contribution prior to the 3lst July of each financial year, or a member having