Doyle, James v The Australian Workers Union [1985] FCA 632

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632 CATCHWORDS

Industrial law - Conciliation and Arbitration Act - whether

rule preventing members over 65 years standing for election "oppressive, umreasonable or unjust" - whether such rule

contrary to objects of the Act.

Conciliation and Arbitration Act ss. 2(e), 2(f), 140(1)

Conciliation and Arbitration Requlations Reg 115(1)

in the Matter of the Conciliation and Arbitration Act 1904 as

amended

JAMES DOYLE v. THE AUSTRALIAN WORKERS' UNION

Number S.A. 11 of 1985

Keely d. - REC! Adelaide owe one wove bud PRDETAL .

US 4 wie i rime &

18 December 1985 futica'e

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIAN DISTRICT REGISTRY) No. 11 of 1985 )

INDUSTRIAL DIVISION )

In the matter of the

Conciliation and Arbitration Act 1904 as amended

BETWEEN:

JAMES DOYLE

Applicant AND: THE AUSTRALIAN WORKERS' UNION Respondent 18 DECEMBER, 1985 KEELY J.

REASONS FOR JUDGMENT

On 11 December 1985, an order was made discharging the rule to show cause in this matter but, because of the urgency of the matter, it was made without waiting for the preparation of reasons for judgment. These are the reasons for that order and accordingly for the court's refusal to make an order that Rule 5l(c) of the certified rules (the rules) of the Australian Workers' Union (the union) contravenes s.140(1) of the Conciliation and Arbitration Act 1904, as amended (the Act). The union 1s an organization of

employees registered under the Act.

Sub-rule 51(c) of the rules provides as follows:-

"51 - Qualification for Office

No person shall be eligible for nomination for election as an Officer -

(c) If he has attained the age of 65 years prior to the calling of such nomination."