Jacomb v Australian Municipal Administrative Clerical and Services Union [2004] FCA 1250

FEDERAL COURT OF AUSTRALIA

Jacomb v Australian Municipal Administrative Clerical and Services Union [2004] FCA 1250

ADMINISTRATIVE APPEALS – Union rules imposing inflexible quotas for election of women representatives to executive positions of union –– Whether unlawful sex discrimination against male members of union under s 19 of the Sex Discrimination Act 1984 (Cth) - Meaning of "special measures" under s 7D of the Act – Whether union rules constitute special measures within the meaning of s 7D of the Act.

Sex Discrimination Act 1984 (Cth) ss 3, 5, 7D, 19 and 44 Sex Discrimination Amendment Act 1995 (Cth) Human Rights and Equal Opportunity Commission Act 1985 (Cth) ss 46PO, 46PH and 46PV and subs 11(1)(g) Racial Discrimination Act 1975 (Cth) s 8 Workplace Relations Act 1996 (Cth) s 4A and s 142 of Sch 1B-ch 5, Div 1 Federal Court Rules O 81 r 5 Convention on the Elimination of All Forms of Discrimination Against Women Opened for signature New York, 18 December 1979. 1249 UNTS 13 art. 4 par. 1 (entered into force 3 September 1981) art. 4 par. 1 International Convention on the Elimination of All Forms of Racial Discrimination Opened for signature New York, 7 March 1966. 660 UNTS 195 art. 1 par. 4 (entered into force 4 January 1969) Vienna Convention on the Law of Treaties Opened for signature Vienna, 23 May 1969. 1155 UNTS 331 art. 31 (entered into force 27 January 1980)

Applicant A v Minister for Immigration and Multicultural and Indigenous Affairs (1997) 142 ALR 331 followed Australian Textiles Pty Ltd v The Commonwealth (1945) 71 CLR 161 referred to Gerhardy v Brown [1984 – 1985] 195 CLR 70 referred to Koowarta v Bejelke-Petersen (1982) 153 CLR 168 referred to Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 referred to Ministry of Defence v Jeremiah (1980) ICR 13 referred to Proudfoot v Australian Capital Territory Board of Health and Ors (1992) EOC 92-417 referred to Re Australian Journalists Association (1988) EOC 92-224; (1988) 27 IR 207 referred to Secretary of the Department of Foreign Affairs and Trade v Helen Styles and Anor (1989 – 1990)23 FCR 251 referred to The Municipal Officers' Association of Australia and Australian Transport Officers Federation v The Technical Service Guild of Australia [1991] 93 IR Comm A. referred to Western Australia v Commonwealth (Native Title Act case) (1994 –1995) 183 CLR 373 referred to WILLIAM ROBERT JACOMB v AUSTRALIAN MUNICIPAL ADMINISTRATIVE CLERICAL AND SERVICES UNION V477 of 2003 CRENNAN J 24 SEPTEMBER 2004 MELBOURNE