Federal Court of Australia
CATCHAORDS
Whether a
resclution passed by the Victorian Branch
Executive of the Federated Miscellanesus Workers' Union of Australza that the applicants be susxended with pay
frow thei positions was inconsistent with a resolutio
passed by a special Branch meé*ing that they he
reinstated - Suspenzion - weaning of suspension - the
a roan employer to require that an employee not
perform.
Arhiuyration ac
ae af '
Smithers J
28 October 1982
TOS
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT RUGISTRY No. V27 of 1983
INDUSTRIAL, DIVISION
EX TYMPORE JUDGMENT
IN THE MATTCR OF THE CONCTLIATION AND ARBITRATION ACP 1Ly04
and
IN THE MATTOR OF APPLICATIONS
UNDER SUCTION 140 AND J+ TOF
ACT
Between: R. EDWARDS, R. GRANT, G. LEW, Re. CHMSHITE, G SLATER, P. HIND allp i. BLARDSLEY ~
(Aprlicants }
And: RAY CINTZELT, CHPLSTOULN SY
ALLEN, hk. HELUUT, 2.
-- A. WAYLOR, TOY, P. COR ALLXANDER, Cc. VETTOS, KRHYTS, B. : WEEKS, Fe. Sb3b DLGIGL!IO, J. Cc EVDEY, &. ELar L. BREEN, RILEY, (i.
. BATT. T. :
PRDOLRATED slScrni. Cas WORKERS UNION Or AUSTRALIA.
(Respondents)
Coram: Smithers J.
ee ee ee me ee
me tree
REASONS FOR JUDGMENT
HIS HONOUR: This case concerns an application by the
applicants who are a research officer and six branch organizers seeking an interim order that the respondents - Federal and State officers ef the respondent union, the Federated Miscellaneous Workers Union of Australia (MWU)-shculd ireat as null and void a resolution passed on 28 September 1963 hy the Vieterian Branch executive of the MU that whey be evepended fron their positions perding a refrerendvin
on their entitlement to hold chose positions.
lt jis of importance that it ke clearly understood that in these proceedings all the respondents have
acknowledged and asserted that the resolutions are
not to be construed as asserting that the applicants do not hold the positions in the union which they held on 16 August 1983. It 1s recognized by them that the applicants do hold those posiiions and che issues in this case concern the right or lack of right of the management of the branch to provide that pending the outcome of the referendum the applicants should not actually perform duties they would
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