Ryan, T.D. v. Food Preservers Union of Australia [1987] FCA 611

1 JUDG

NT No. ©! BD.

NOT FOR DISTRIBUTION

FEDERAL co AUSTRALIA

PRINCI, REGISTRY

LOT

IN THE FEDERAL COURT

OF AUSTRALIA V No. 213 of

VICTORIA DISTRICT REGISTRY

INDUSTRIAL DIVISION

The Application of the

Food Preservers' Union of Australia and Thomas

Desmond Ryan for an Order pursuant to section 17iC

of the Conciliation and

Arbitration Act 1904 in

respect or the Food Preservers' Union or Australia

EX TEMPORE REASONS FOR JUDGMENT

JUDGE: Gray J. DATE: 29th October 1987.

This 1s an application pursuant to s.171C of the

Conciliation and Arbitration Act 1904 ("the Act"). As

originally filed and as first amended today, the application seeks a determination of the question whether an invalidity has or invalidities have occurred in alterations to the rules of the Food Preservers Union of Australia ("the organization"), an organization registered pursuant to the Act; 1f such invalidity is or invalidities are found to have

occurred an order is sought to rectify or cause to be

2.

rectified any such invalidity or to negative, modify, or

cause to be modified the consequences in law of such invalidity or to validate any act, matter or thing rendered

invalid by or as a result of such invalidity.

The first matter raised by the application involves two alterations to the rules of the organization, being alterations to rules 9(a) (x1) and 59. Those rules themselves concern the alteration of the rules of the organization. The question whether any invalidity has occurred in relation to the alteration of those rules devends upon the construction of the former certified rule 59 and upon the question whether the former certified rule 59 exists in the form in which 1t 1s certified. This question in turn depends upon the extent of the powers of the Industrial

Registrar pursuant to s.139(4) of the Act. Under that

sub-section, the Industriai Registrar 1s required to certify