An Application by the Food Preservers Union of Australia and Ors [1988] FCA 106

SUDSLENT Ro. Ob 78S

CATCHWORDS Industrial law - Conciliation and Arbitration Act 1904 - application for an order pursuant to s.171C - nature of an invalidity - absence from rules of an organization of a provision for the alteration of the rules - power of the Registrar to give a certificate in respect of part of a rule alteration - whether typographical corrections to rule

alterations made by the Registrar affect the validity of the alteration.

Conciliation and Arbitration Act 1904 ss.4,118C,139,140,171C,171D

Statute Law (Miscellaneous Provisions) Act 1987 5.3

AN APPLICATION BY THE FOOD PRESERVERS' UNION OF AUSTRALIA AND THOMAS DESMOND RYAN FOR AN ORDER PURSUANT TO

SECTION 171C OF THE CONCILIATION AND ARBITRATION ACT 1904 IN RESPECT OF THE FOOD PRESERVERS' UNION OF AUSTRALIA

V. No. 213 of 1987

NORTHROP, GRAY AND RYAN Jd.

22 MARCH 1988 . MELBOURNE

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY INDUSTRIAL DIVISION

V. No. 213 of 1987

APPLICATION BY THE FOOD PRESERVERS' UNION OF AUSTRALIA AND THOMAS DESMOND RYAN FOR AN ORDER PURSUANT TO

SECTION 171C OF THE CONCILIATION AND ARBITRATION ACT 1904 IN RESPECT OF THE FOOD PRESERVERS' UNION OF AUSTRALIA _

COURT: NORTHROP, GRAY AND RYAN JJ.

: 22 MARCH 1988

PLACE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS THAT: -

A.

An invalidity has occurred in the making or alteration of the rules of the Food Preservers' Union of Australia, including the rules of each of its branches, and heing

the rules the subject of the certificate given by a Deputy Industrial Registrar on 8 duly 1986 and

accordingly DETERMINES, DECLARES AND ORDERS as follows:-

1. That an invalidity has occurred in the making or alteration of the said

rules, hereinafter called the "certified rules" by reason that the certified rules do not make