Skourdoumbis v Findlay [2002] FCA 638

FEDERAL COURT OF AUSTRALIA

Skourdoumbis v Findlay [2002] FCA 638

INDUSTRIAL LAW - organisation – rules - validity - rule providing for numbers of delegates elected by divisional branches to divisional conference - lack of proportion between the membership of divisional branches and relative voting power on divisional conference - referendum of all members of division could direct divisional conference – delegates to divisional conference constitute electoral college for election of divisional executive and part of electoral college for election of national officers – whether conditions, obligations or restrictions on members that are oppressive, unreasonable or unjust – effect of change of objects of Act and purposes of registration of organisations under Act - whether contravention in rule relating to numbers of delegates to divisional conference or in rules as a whole INDUSTRIAL LAW - organisation – rules – performance and observance - referendum of financial members of division – requests by divisional branch committee of management and by petition of members of division within one divisional branch – proposal for amendments to rules - whether divisional branch unfinancial - requirement to "pay" sustentation fees – whether satisfied by set off against greater debt owed by divisional office to divisional branch – whether enough signatories to petition financial members – whether proposed rule amendments would contravene Act – whether divisional executive entitled to refuse to conduct referendum WORDS & PHRASES - "pay" Workplace Relations Act 1996 (Cth) ss 3(f), 3(g), 187A, 196(c), 208, 209 Conciliation & Arbitration Act 1904 (Cth) ss 2(e), 2(f), 140(1)(c) Industrial Relations Act 1988 (Cth) s 196(c) Workplace Relations and Other Legislation Amendment Act 1996 (Cth)

McLeish v Kane (1978) 22 ALR 547 followed McLeish v Faure (1979) 25 ALR 403 followed Luckman v Australian Postal and Telecommunications Union (1978) 28 ALR 393 considered Sherriff v Townsend (1980) 30 ALR 223 considered Willingale v Australian Federated Union of Locomotive Enginemen (1982) 62 FLR 129 considered Scott v Rolfe (1979) 36 FLR 249 considered Cook v Crawford (1982) 43 ALR 83 considered Willingale v Australian Federated Union of Locomotive Enginemen (1983) 68 FLR 149 considered Lawley v Transport Workers' Union of Australia (1987) 22 IR 114 followed Burwood Cinema Ltd v Australian Theatrical and Amusement Employees' Association (1925) 35 CLR 528 considered R v Dunphy; Ex parte Maynes (1978) 139 CLR 482 considered Egan v Maher (1978) 20 ALR 421 considered Griffiths v Ansett Pilots Association [2001] FCA 1215 followed Drake Personnel (New Zealand) Ltd v Taylor [1996] 2 NZLR 644 referred to Gladstone Milk Bar Ltd v Henning [1998] 3 NZLR 183 referred to LEO SKOURDOUMBIS v ALEX FINDLAY, RICK FOWLER, GREGORY COLIN WILLIAMS, EDWARD NORMAN HARRIS, BRADLEY PARKER, MICHAEL MITTEN, FRANK VARI, MICHAEL HARITOU, JAMES ROBERT EMERY, STEPHEN ROWE, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION AND JOHN MAITLAND V 281 of 2001 JOE PATTI v MICHAEL HARITOU, ALEX FINDLAY, RICK FOWLER, GREGORY WILLIAMS, EDWARD HARRIS, BRADLEY PARKER, MICHAEL MITTEN, JOHN MAITLAND AND CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION V 636 of 2001