Section 141 of the Conciliation and Arbitration Act and Natural Justice

Abstract

Disciplinary action by union councils often have been invalidated by the Australian Industrial Court because rules of natural justice were not followed. The major decisions of the Industrial Court, and other courts dealing with natural justice, are examined to demonstrate when natural justice must be accorded and to show what must be done to satisfy the requirements of natural justice. Most of the cases considered are characterized by the desire of the union council to act swiftly to penalize an official or member who has come into disfavour. However, this swiftness has meant that the accused member has not had an adequate opportunity to present his side of the story. Thus, if union councils wish to avoid a great deal of costly litigation a number of simple rules regarding natural justice should be observed.