In the matter of an Application by the Hospital Employees Federation of Australia [1981] FCA 74

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IN THE FEDERAL COURT OF AUSTRALIA

) d. VICTORIA DISTRICT REGISTRY ) V. No. 4 of 1981 ) )

INDUSTRIAL DIVISION

IN THE MATTER of the CONCILIATION

- AND ARBITRATION acT 1904; "and

IN THE MATTER of an application under Section 171D of the Act

and IN THE MATTER of an application by THE HOSPITAL EMPLOYEES FEDERATION OF AUSTRALIA

NORTHROP J. EX TEMPORE JUDGMENT 25 MAY 1981,

This is an application brought by the Hospital Employees

Federation of Australia pursuant to s.171D of the Conciliation and

Arbitration Act 1904 seeking the reconstitution of a branch of the

federation. The federation is an organization under the Act and it comprises a number of branches including two branches in New South Wales at the present time known as the No. 1 branch and

the No. 2 branch, see rule 34 of the federal rules of the

federation. ;

The application is brought under sub-section (1) of

s.171D of the Act seeking firstly a declaration that the New

South Wales No. 2 branch of the federation has ceased to exist

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or to function effectively and that there are no effective means under the rules of the federation or the branch by which it can be reconstituted or enabled to function effectively. Notice of the application was given to the financial members of the No. 2 branch, being 70 persons, the names and addresses being obtained from the records of the federal office of the federation and confirmed by the deduction sheets whereby the employers of those members deduct the union dues from the wages of those members. No response was had to that notice of the application seeking

declaration.

On the directions hearing of the application, after: referring to the fact of the service of the application on the members of No. 2 branch, orders were made that the matter be set down for hearing at a time to be fixed by the Registrar. Notice of the date of the hearing of the application likewise was served on each of the members of the No. 2 branch, There has been no communication from any of those members except one who says that she is no longer a member but, of more importance, no person has objected to the form of the scheme set out in the application.