Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Griffiths v Ansett Pilots Association [2001] FCA 1215
INDUSTRIAL LAW - Organisations - Rules challenged as not providing for control of committee by members as required by s 195(1)(b)(iv) of Workplace Relations Act 1996 - small association with members based at five locations around Australia - association having no branches - sufficiency of control over committee of management provided by rules considered without reference to plebiscite rule - adequacy of plebiscite rule which empowers committee of management to formulate question - 15% of members required to petition for plebiscite to be conducted - effect of delay of up to six months which might occur between receipt of petition and completion of plebiscite. Workplace Relations Act 1996 (Cth) ss 3, 187A, 195(1), 196 Hodder v Australian Workers Union (1985) 9 FCR 498 Gordon v Carroll (1975) 27 FLR 129 Pillar v Building Workers' Industrial Union of Australia (1994) 48 FCR 512 Boland v Munro (1980) 48 FLR 66 Maynes v Clarke (1989) 28 IR 94 Allen v Townsend (1977) 31 FLR 431 Ford v Federated Miscellaneous Workers Union of Australia (1954) 79 CAR 147 Municipal Officers Association v Lancaster (1981) 54 FLR 129 Doyle v Australian Workers Union (1986) 12 FCR 197
DAVID EDWIN GRIFFITHS v ANSETT PILOTS ASSOCIATION
V240 of 2000
RYAN J MELBOURNE 30 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V240 of 2000
BETWEEN: DAVID EDWIN GRIFFITHS
Applicant
AND: ANSETT PILOTS ASSOCIATION
Respondent
JUDGE: RYAN J
DATE OF ORDER: 30 AUGUST 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS: 1. THAT it be declared that the rules of the Ansett Pilots Association ("the Association") contravene s 196 of the Workplace Relations Act 1996 ("the Act") in a particular respect, namely that they fail to provide for control of the Committee of Management by the members of the Association as required by s 195(1)(b)(iv) of the Act. 2. THAT the Association be released from the undertaking given to the Court before North J on 26 June 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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