FEDERAL COURT OF AUSTRALIA

Steven Dargavel

v

Doug Cameron & Others

V 573 of 2002

GOLDBERG J

4 OCTOBER 2002

MELBOURNE

SUMMARY

1.                  In accordance with the practice of the Federal Court in some cases of public interest, the following summary has been prepared to accompany the reasons for judgment in this matter I am publishing today.  This summary is intended to assist in understanding the outcome of this proceeding and is not a complete statement of the conclusions reached by the Court.  The only authoritative statement of the Court’s reasons is that contained in the published reasons for judgment which will be available on the internet at www.fedcourt.gov.au, together with this summary.

2.                  Mr Steven Dargavel claimed that he had been appointed State Secretary of the Victorian Branch of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (“the Union”) by the Victorian State Council of the Union on 2 September 2002.  The National Council of the Union claimed that such appointment was not valid or effective because the National Council had passed resolutions appointing Mr Dave Oliver as Administrator of the Victorian State Branch until 16 September 2002 or until the decision of National Council in relation to certain charges which had been laid against Mr Craig Johnston and directing the State Council not to purport to appoint a State Secretary pursuant to the rule under which a State Council can appoint a State Secretary in the event of a vacancy in that position.

3.                  Mr Dargavel brought proceedings pursuant to s 209 of the Workplace Relations Act 1996 (Cth) calling upon the National Council to show cause why orders should not be made which, in substance, required the National Council to recognise Mr Dargavel’s appointment on 2 September 2002 as State Secretary of the Victorian Branch as valid and effective and which precluded Mr Oliver from acting as Administrator of the Victorian State Branch.

4.                  I have reached the following conclusions:

(a)        the National Council had the power to appoint Mr Oliver as Administrator of the Victorian State Branch until 16 September 2002 or until the decision of National Council in relation to the charges laid against Mr Johnston, whichever was the earlier;

(b)        the National Council had the power to direct the State Council not to appoint a State Secretary or Acting State Secretary for the period of the appointment of the Administrator;

(c)        the appointment of Mr Oliver as Administrator continued after 2 September 2002 and until 16 September 2002 notwithstanding Mr Johnston resigning as State Secretary on 2 September 2002;

(d)        Mr Dargavel was eligible under the Rules of the Union to be appointed as State Secretary on 2 September 2002 upon the resignation of Mr Johnston but the resolution of State Council appointing him as State Secretary was not valid or effective having regard to the prior resolutions of the National Council.

5.                  I publish my reasons for judgment in this matter and will give the parties the opportunity to make submissions to the orders which should be made in the light of these reasons for judgment.