Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Fohmsbee, Robert Clive & Ors [1998] FCA 408

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - election inquiry - interpretation of rules of the Organisation - question of whether a Regional Council constituted under the Rules of the Organisation is a collective body of a branch of an organisation - whether the Regional Council has power in relation to the management of the affairs of the branch - nature of a branch of an organisation - nature of office where election is for members of Regional Council being organisers - meaning of "branch" and "office" in Workplace Relations Act. Workplace Relations Act 1996, s 3, 4, 194, 195, 196, 197, 199, 218, 227-232, 253 ZD-253 ZF Conciliation and Arbitration Act 1904, s 4 Neilson v Corsetti, Federal Court of Australia, Northrop J, 21 November 1997, unreported Australian Electoral Commission v Hickson, Full Federal Court of Australia, 5 November 1997, unreported Re Airline Hostesses' Association (1980) 48 FLR 214 Sherrif v Townsend (1980) 48 FLR 20 Williams v Hursey (1959) 103 CLR 30 Re McJannet ex parte The Australian Workers Union of Employees, Queensland (1995) 184 CLR 620 Allen v Townsend (1977) 31 FLR 431 Imlach v Daley (1985) 7 FCR 457 Short v F W Hercus Pty Ltd (1993) 40 FCR 511 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337. AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION v ROBERT CLIVE FOHMSBEE, AMANDA PERKINS AND ROY KENNETH HILL NG 57 OF 1998

NORTHROP, WILCOX AND MADGWICK JJ SYDNEY 24 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 57 of 1998

on appeal from the federal court of australia

constituted by a single judge

BETWEEN: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

Appellant

AND: ROBERT CLIVE FOHMSBEE, AMANDA PERKINS and ROY KENNETH HILL