Rule, J.A. v. The Australian Workers Union [1985] FCA 452

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CATCHWORDS

INDUSTRIAL LAW - Rules of registered organization of employees - Rules prescribing membership qualification for candidates for office and for nominators of candidates - Whether rules "oppressive, unreasonable or unjust" - Nominations for current elections called and received upon basis of registered rules - Whether these acts constituted irregularities in elections - Relief appropriate to be granted.

Conciliation and Arbitration Act 1904 ss.2, 140(1)(c), 159, 163, 165, 170.

Cameron v Australian Workers' Union (1959) 2 F.L.R. 45 not followed. Gordon v Carroll (1975) 27 F.L.R. 129, Leveridge v

Shop Distributive and Aliied Employees' Association (1977) 31 F.L.R. 385, Allen v Townsend (1977) 31 F.L.R. 431, Lovell v

Federated Liquor and Allied Industries Employees' Union of Australia (1978) 35 F.L.R. 72, Jutte v Amalgamated Engineering Union, Australian Section (1967) 10 F.L.R. 195, Re Elections for Officers in Australasian Meat Employees Union (1963) 5 F.L.R. 260 applied. Re Inquiry into Election in the Vehicle Builders Employees' Federation of Australia, ex parte Allen (1978) 34 F.L.R. 294, Wiseman v Professional Radio and Electronics Institute of Australasia Institute of Australasia (1978) 20 A.L.R. 545,

Municipal Municipal Officers Association v Lancaster (1981) 37 A.L.R. 559, Watson v Australian Workers' Union (1967) 10 F.L.R. 347,

Young v Australian Workers' Union (Gray J., 7 December 1984, 27 May 1985, not reported), Hodder v Australian Workers' Union (Pincus J., 2 August 1985, not reported), Re Election for

Office in Amalgamated Engineering Union, Australian Section (1963) 4 F.L.R. 325 referred to.

NSW 10 of 1985 JAMES ALAN RULE v THE AUSTRALIAN WORKERS' UNION

NSW 12 or 1985

IN THE MATTER of an election of offices in the New South Wales Branch of the Australian Workers' Union