Federal Court of Australia
i
ae et se eS
CATCHWORDS
Conciliation and Arbitration - organizations - whether whole or part of a rule contravenes sub-section 140(1) - whether the rules contravene sub-section 140(1) in a specified respect - effect of declarations made under sub-section 140(5G) - different consequences flowing from form of a declaration made.
Conciliation and Arbitration Act 1904 ss.118, 133A, 140
Federal Court of Australia Act 1976 s.24
Wright v. Mcbeod (1983) 74 F.L.R. 146
Imlach v. Daley (1985) 60 A.L.R. 377
HARRY DAVID KRANTZ and WILLIAM ALEX SMITH
and
FEDERATED CLERKS' UNION OF AUSTRALIA
S.A. No. 6 of 1985
Woodward, Evatt and Northrop JJ. 15 August 1986
Melbourne
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IN THE FEDERAL COURT OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) S.A. No. 6 of 1985 ) )
INDUSTRIAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALTA
BETWEEN : HARRY DAVID KRANTZ and WILLIAM ALEX SMITH Appellants and FEDERATED CLERKS' UNION OF AUSTRALIA Respondent
COURT: WOODWARD, EVATT AND NORTHROP JJ.
15 AUGUST 1986
MELBOURNE
MINUTE OF ORDER
THE COURT ORDERS THAT the appeal be dismissed.
(Settlement and entry of Orders is dealt with in 0.36 of Rules of Court.)
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IN THE FEDERAL COURT OF AUSTRALIA ) )
SOUTH AUSTRALIA DISTRICT REGISTRY ) S.A. No. 6 of 1985 }
INDUSTRIAL DIVISION )
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN : HARRY DAVID KRANTZ and WILLIAM ALEX SMITH Appellants and FEDERATED CLERKS' UNION OF AUSTRALIA Respondent
COURT: WOODWARD, EVATT AND NORTHROP Jd.
DATE: 15 AUGUST 1986 PLACE: MELBOURNE
REASONS FOR JUDGMENT
THE COURT:
The appellants are members of the Federated Clerks' Union of Australia ("the Union"), an organization of employees under the Conciliation and Arbitration Act 1904. They are attached to the South Australian Branch of the Union. On 13 July 1984, the appellants obtained a rule
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