Forward, R.J. v Merchant Service Guild of Australia [1987] FCA 590

INDUSTRIAL LAW - membership of organisation - entitlement to

membership - duty of Union to process applications for membership - policy of deferring membership applications - breach of statutory duty - breach of duty under the Rules - motion for summary judgment - entrance fee not tendered - entitlement rot perfected - jurisdiction of court to make declaration -

declaration and orders made.

Conciliation and Arbitration Act 1904 s.144

Re Keogh and Federated Clerks Union of Australia; Ex parte Linehan (1979) 40 FLR 445

Australian Iron and Steel Ltd v Australasian Coal and Shale

Employees Federation (1957) 1 FLR 54

Owens v Australian Building Construction Employees and Builders Labourers Federation (1978) 19 ALR 569

United Grocers, Tea and Dairy Produce Employees' Union of Victoria v Linaker (1916) 22 CLR 176

MacKenzie v Administrative and Clerical Officers' Association, Commonwealth Public Service (1962) 5 FLR 342

Troja v AuStralasian Meat Industry Employees' Union (victorian Branch) (1978) 46 FLR 340

ROBERT JAMES FORWARD V MERCHANT SERVICE GUILD OF AUSTRALIA NO. WA 6 of 1987

FRENCH J. PERTH 22 OCTOBER 1987

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) INDUSTRIAL DIVISION )

NO. WA 6 of 1987 BETWEEN: ROBERT JAMrcS FORWARD Applicant

and

MERCHANT SERVICE GUILD OF AUSTRALIA

Respondent MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 22 October 1987 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. ROBERT JAMES FORWARD is entitled upon payment of the requisite entrance fee to be admitted as a member of the

Merchant Service Guild of Australia.

2. Upon payment by ROBERT JAMES FORWARD of the entrance fee required under the Constitution and Rules of the Merchant Service Guild of Australia he will thereupon become a member of the Guild and the Guild is required

thereafter to treat him as one of its members. 3. There will be liberty to apply.