Federal Court of Australia
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CATCHWORDS
Industrial law - registered organization - rules - validity - imbalance in sub-branch representation or branch committee of management = whether particular rule or rules as a whole contravened Act - consequences of different orders - whether rules provided adequately for control of branch committee of
management by members of branch.
Conciliation and Arbitration Act 1904 ss. 133(1)(db), (1)(f), 133AA, 140(1)(5G)(6)(7)(8)(9), Part IXA.
Conciliation and Arbitration Regulations reg. 115(1)(d)(v), 115(2)
ROBERT WILLIAM LAWLEY, JOHN CHARLES LEATHERBARROW, BARRY
MICHAEL JAMES NEWION and JOHN MICHAEL RIETHMULLER Vv.
TRANSPORT WORKERS' UNION OF AUSTRALIA
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No. 93 of 1987
Gray J.
MELBOURNE
18TH SEPTEMBER 1987
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IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. Q3 of 1987 ) )
INDUSTRIAL DIVISION
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ROBERT WILLIAM LAWLEY,
JOHN CHARLES LEATHERBARROW, BARRY MICHAEL JAMES NEWTON and JOHN MICHAEL RIETHMULLER
Applicants -and- TRANSPORT WORKERS' UNION
OF AUSTRALIA Respondent
MINUTES OF ORDER
Gray Jd. 18th September 1987
PLACE : Melbourne
THE COURT ORDERS AND DECLARES :
The rules of the respondent, the Transport Workers'
Union of Australia, contravene section 140(1) of the
Conciliation and Arbitration Act 1904 in a specified
respect, namely that they fail to make a provision
required by regulation 115(1)(d)(v) of the Conciliation
and Arbitration Requiations, in that they fail to
provide adequately for the control of the Queensland Branch Committee of Management by members of the
Queensland Branch.
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2. Otherwise, the Rule to Show Cause is discharged.
(NOTE: Settlement and entry of orders is dealt with by 0.36
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