IN THE YETSRAL COURT OF AUSTRALIA | (2 a oyie fel Pe "4 u ws] a wn eel bs) KH Qa Hy a Ht iva) a ted Ne ee ee a INDUSTRIAL DIVISION BETWEEN: LEONARD EDWARD WARD, GREGORY JOHN RAY, LAWRENCE JOHN TURNER, BRIAN STUART LEE, LESLIE RONALD LEE, ROY LESLIE LINCOLN, DONALD LYNALD BARDEN, RONALD JAMES POTTER and JOHN CHARLES PENHALLURICK Applicants AND: HUGHIE WILLIAMS, ALLAN McPAUL, CLARENCE ROHWEDER, *GREGORY NEWTON, HENRY AS?LIN, STUART CROSBY, DAVID PEARCE, MERVYN KENDALL, PETER THOMSON and JOHN HINSPETER Respondents ORDER JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 28 March 1984 WHERE MADE: Canberra IT 1$ HEREBY ORDERED that Hughie Williams, Allan McPaui, Clarence Rohweder, Gregory Newton, Henry Asplin, Stuart Crosby, David! Pearce, Mervyn Kendall, Peter Thomson and John Hinspeter ("the respondents") appear before the Federal Court of Australia at Brisbane in the State of QueensJand on a date and at a time to be notified to the parties to show cause why ordcrs should not be made under section 14] ot the Conciliation and Arbitration Act 1904 giving directions that the respondents observe rules 30, 22. 33 and 47 of the rules of the Transport woe to to + " workers' Union of Australia and why orders should not Oo (b be made in terms of sub-paragraphs 1 to 1] inclusive of paragraph A of the application dated 19 March 1984 filed herein on behalf of Leonard Edward Ward, Gregory John Ray, Lawrence John Turner, Brian Stuart Lee, Leslie Ronald Lee, Roy Leslie Lincoln, Donald Lynald Barden, Ronald James Potter and John Penhallurick ("the applicants") AND IT IS HEREBY FURTHER ORDERED that pending the hearing and determination of this matter or until further order the respondents be restrained from giving effect to go much of the resolution of the Committee of Management of the Queensland Branch of the Transport Workers' Union of Australia carried on 15 March 1984 as provides that - (1) the Brisbane Sub-Branch Secretary Hughie Williams be appointed as a Branch Organizer; (2) all Branch Organizers performing duty in the Brisbane Sub-Branch area report verbally and in writing to the Brisbane Sub-Branch Secretary on all matters, including all disputes; (3) the Brisbane Sub-Branch Secretary have free access to all sections of the , ; , Queensland Branch Offices and complete access to correspondence and documents of the Queensland Branch provided, that. this order shall not prevent the Brisbane Sub-Branch Secretary having access to the membership records of the Queensland Branch relating to the members of the Brisbane Sub-Branch; and (4) the Queensland Branch make available to the Brisbane Sub-Branch Secretary staff at present employed by the Queensland Branch and performing duty 1n the Queensland Branch Offices. AND IT IS HEREBY FURTHER ORDERED that the costs of the applicacion be reserved. IN THE FEDERAL COURT OF AUSTRALIA ) ) QUEENST ID DISTRICT REGISTRY ) Q No. 3 of 1984 ) INDUSTRist DIVISION ) BETWEEN : LEONARD EDWARD WARD, GREGORY JOHN RAY, LAWRENCE JOHN TURNER, BRIAN STUART LEE, LESLIE RONALD LEE, ROY LESLIE LINCOLN, DONALD LYNALD BARDEN, RONALD JAMES POTTER and JOUN CHARLES PENHALLURICK Applicants a AND: HUGHIE WILLIAMS, ALLAN McPAUL, CLARENCE ROHWEDER, GREGORY NEWTON, HENRY ASPLIW, STUARI CROSBY, DAVID PEARCE, MERVYN KENDALL, PETER THOMSON and JOHN HINSPETER Respondents CORAM: Neaves J. DATE: 28 March 1984 REASONS FOR JUDGMENT This is an application by Leonard Edward Ward, Gregory John Ray, Lawrence John Turner, Brian Stuart Lee, Leslie Ronald Lee, Roy Leslie Lincoln, Donald Lynald Barden, Ronald James Potter and John Charles Penhallurick ("the applicants") For a rule nisi calling upon Hughie Williams, Allan McPaul, Clarence Rohweder, Gregory Newton, Henry Asplin, Stuart Crosby, David Pearce, Mervyn Kendall, Peter Thomson and John Hinspeter ("the respondents") to show cause why orders should not be made under section 141 of the Conciliation and Arbitration Act 1904 ("the Act") giving directions for the performance or observance by the respondents of certain rules of the Transport Workers' Union of Australia ("the Union"). The applicants also seek interim orders pending the hearing of the rule nisi. The Union is an organization registered pursuant to the Act. There 1s a branch of the Union known as the Queensland Branch. That branch is divided into nine sub- branches, one of those sub-branches being known as the Brisbane Sub-Branch. Subject to the provisions of the Act, the supreme control of the Union is vested in a Federal Council con- stituted by a representative or representatives from each branch (called Federal Councillors) and the Federal Secretary and the Assistant Federal Secretary (sub-rule 5(a)). The Federal Council elects a Federal Committee of Management (sub-rule 5(c) aad rule 23). Each branch elects a Branch Committee of Management consisting of a Branch President, Branch Vice-President, Branch Secretary, tio Trustees and not less than 7 and not more than 11 Committeemen (sub- rule 5(g) and rule 30). The President, Vice President, Secretary and Trustees are elected by a ballot of the whole of the members of the branch who are eligible to vote. ae In the case of the Queensland Branch, the Committeemen are zsiected by a ballot of the members in each sub-branch who are eligible to vote on the following basis - Bris- bane 4; Rockhampton 1; Wide Bay 1; Tootroomba, Warwick and Roma 1; Ipswich and Kingaroy 1, and Northern Queensland 1 (sub-rule 30(b)). The Branch Committee of Management of the Queensland Branch, therefore, consists of 14 members. Each of the applicants is a member of the Union. At elections recently held for the Queensland Branch (the results of which were declared on 9 March 1984), Mr. Ward was elected Branch Secretary. The full citle of his office 1s "Secretary - Treasurer - Federal Committee of Management - Federal Council Representative" but, for convenience, I shall refer to the office as that of Branch Secretary. Messrs. Ray, Turner, B.S. Lee, L.R. Lee and Lincoln were elected Branch Organizers to carry out duties in the Brisbane Sub-Branch area or as directed by the Branch Secretary. Mr. Barden was elected Branch Organizer to carry out duties in the [pswich Sub-Branch area or as directed by the Branch Secretary. Mr. Potter was elected a@ Branch Trustee. Mr. Penhallurfick does not hold any office in the Queensland Branch. Of the applicants, only Messrs. Ward, Barden and Potter are members of the Branch Committee of Management. Of the respondents, Mr. Williams, who previously held office as Branch Secretary, was defeated in the election to for that position by Mr. Ward. Mr. Williams was, however, elect ad Brisbane Sub-Branch Secretary, an honorary position wv which he had held before the election. There is evidence that each of the other respondents is a member of the Branch Committee of Management though that evidence does not establish what position Mr. Crosby holds which results in him being a member of that committee. On 15 March 1984 the Branch Committee of Manage- ment, by a majority of 8 votes to 5, carried a resolution in the following terms - "That in view of the almost total change of Organisers in the Brisbane Sub-Branch and the considerable lack of experience by the newly- elected Organisers, and taking into consideration the detrimental effect this will have on the rank and file members, particularly in the Brisbane Sub-Branch, this BRANCH COMMITTEE OF MANAGEMENT DETERMINES THAT - The Branch shall make available to the Brisbane Sub-Branch Secretary, Ilughie Williams, Room twenty-one (21), First Floor, Trades Hall, Brisbane, for the purpose of conducting the business: of the Brisbane sub-Branch. Room twenty-one (21) will also be utilised for the purpose of the Brisbane Sub-Branch Executive Meetings. Room Twenty-one (21) will be supplied with a Committee table for the conduct of the Exec- utive Sub-Branch Meetings, Office desk, telephone, and all necessary office equipment and furniture to conduct the administration and business of the Brisbane Sub-Branch. The Branch Secretary shall make available to the Brisbane Sub-Branch, the necessary meeting rooms to conduct the Branch monthly General Meetings that are held on the first Friday of each month, and any other such meetings that may be necessary to be convened within the Brisbane Sub-Branch. HH Fd qey 12 Brisbane Sub-Branch Secretary shall have "ree access to all sections of the Queensland Evanch Offices, also the Brisbane Sub-Branch Secretary shall have complete access to all correspondence and documents that may be re- quired to carry out his necessary duties. The Brisbane Sub-Branch Secretary is authorised to deal direct with the Union's Solicitors - McCrossan & Douglas - on all matters pertaining to the Brisbane Sub-Branch and its members, provided that all costs incurred are authorised by the Branch Committee of Management. All Brisbane Sub-Branch Organisers shall report verbally and in writing tc the Brisbane Sub- Branch Secretary on all matters, including all disputes. The Brisbane Sub-Branch Secretary will notify the Branch Secretary of all these matters. The Brisbane Sub-Branch Secretary shall be Co- ordinator and Minute Secretary of the Transport Workers' Union Safety Committee, and the Trans- port Workers Union - TUTA Trade Union Training Committee. The Sub-Branch Secretary shall call the above Meetings as deemed necessary. He shall forward the copies of all minutes to the Branch Secretary. The Brisbane Sub-Branch Secretary shall be com- petent to make press statements on all matcers pertaining to the duties as outlined. The Branch shall continue to make available to the Brisbane Sub-Branch Secretary any necessary office staff which will at least consist of a Stenographer and Clerk/Typist for the purpose of attending to correspondence, membership records, and any other purpose necessary to administer the Brisbane Sub-Branch. The Staff, as mentioned, shall be immediately responsible to the Brisbane Sub-Branch Secretary. All correspondence to the Brisbane Sub-Branch shall immediately be forwarded to the Brisbane Sub- Branch Secretary for his attention and action. The Branch shall make available a telephone at the residence and at the office of the Brisbane Sub-Branch Secretary, and shall pay all Union calls and the rent of such telephones. uw The Branch shall continue to make available to the Brisbane Sub-branch Secretary the Branch Motor Vehicle, Ford, Registration No. 744£0x1, and shall pay for the fuel and maintenance costs. This Branch Committee of Management further determines that in pursuance to Rule 30, the Brisbane Sub Branch Secretary Hughie John Williams be appointed as a Branch Organiser. He shall be domiciled in Brisbane and carry out organising duties in all parts of the Brisbane Sub-Branch. He shall assist in all other matters relevant to the Branch. The Organiser, having regard for all other responsibilities, e.g. Brisbane Sub-Branch Secretary and ali other duties as previously outlined, shall be paid a salary and allowance equal to that paid to the Branch Industrial Research Officer as detetmined by the Branch Committee of Management. He shall be entitled to retain all accrued Annual Leave, Sick Leave and Long Service Leave and he shall continue to accrue all such leave in accordance with the Rules and Policy of the Union. The Branch Secretary will ensure that the necessary Certificates of Authorities are immediately supplied to all Organisers and Officers, whether elected or appointed. He will take up his duties as above, com- mencing on Friday, l6th March, 1984." The applicant's contention is that in carrying this resolution the Branch Committee of Management was acting in breach of the rules of the Union. The attack upon the resolution is put in two ways. First, it is said that the resolution contains significant parts which are contrary to the rules and that its provisions are so interlocked that, conceding that some parts of it are consistent with the rules, those parts cannot be severed so that the whole resolution fails. Alternatively it is said thet specific parts of the resolution should be set asice as being contrary to the rules. The considerations relevant to the question whether a rule nisi should be granted differ from those relevant to the grant, assuming a rule is to issue, of interim relief pending the final determination of the issues. The former question depends upon the applicants satisfying the Court that there is an arguable issue or arguable issues in dispute between the parties in relation to which the applicants are entitled to have an opportunity to present argument and obtain a decision of the Court: see Geneff v. Petersen (1980) 49 F.L.R. 64. The applicants concede that, to obtain interim relief, they must show that there is a probability that the application will succeed at the final hearing, if the evidence remains the same: Beecham Group Ltd. v. Bristol Laboratories Pty. Ltd. (1986) 118 C.L.R. 618: but see The Commonwealth of Australia v. John Fairfax & Sons Ltd. (1980) 147 C.L.R. 39 at p. 49 and The Australian Coarse Grain Pool Pty. Ltd. v. The Barley Marketing Board of Queensland (1982) 57 A.L.J.R. 425. The application for the grant of a rule nisi was not made ex parte as Order 4, sub-rule 15(3) of the rules of this Court permit but upon notice to the respondents. The application is supported by an affidavit sworn by Mr. Ward and upon which he was cross-examined. Oral evidence was given for the respondents by Mr. Hinspeter and by Miss M.P. Johnson, an employee of the Queensland Branch of the Union. The respondents oppose the making of a rule nisi and also contend that, if a rule nisi be issued, no case has been made for the grant of interim relief. On an application such as this it is inappropriate to deal with the facts in any greater detail than is necessary for an understanding of the issues which now arise for decision. a There is evidence before me that, although the Queensland Branch Secretary is elected by the members of the branch who are eligible to vote and the Brisbane Sub~Branch Secretary is elected by the members of that sub-branch, the situation for many years has been that the same person has been elected to both offices. As already appears that pattern of voting did not emerge at the recent election, Mr. Ward defeating Mr. Williams for the position of Branch Secretary and Mr. Williams defeating Mr. Ward for the position of Secretary of the Brisbane Sub-Branch. Historically the affairs of the Brisbane Sub- Branch have been administered from the offices of the Queensland Branch in that city and the sub-branch has not had separate premises. In this respect the Brisbane Sub- Branch differs from some of the other sub-branches where office premises are provided by the Queensland Branch for the use of the honorary secretary of the sub-branch, the sub-oreanch executive and the branch organizer per- forming duties in the area. The mode of operating the Brisbane Sub-Branch was no doubt a convenient one when the Queensland Branch Secretary also occupied the honorary office of Brisbane Sub-Branch Secretary. The records maintained in respect of the membership of the Brisbane Sub-Branch are kept at the office of the Queensland Branch and the records so maintained are the only set of records kept in respect of the membership of that sub-branch. Other sub-branches maintain the records relating to sub- branch membership and a copy of those records is kept at the office of the Queensland Branch. It is against this background that the resolution of 15 March 1984 must be considered. The main thrust of the applicants' attack on the resolution concerns those parts of 1t which purport to appoint Mr. Williams as a Branch Organizer with a salary and allowance, which purport to give him Free access to all sections of the Queensland Branch Offices, which direct that he carry out organising duties in all parts of the Brisbane Sub-Branch and assist in all other matters relevant to the Queensland Branch and require that all Brisbane Sub-Branch Organizers report verbally and in writing to him on all matters, including all disputes, with an obligation on Mr. "illiams to notify the Branch Secretary of all such métrtezs. In support of the submission that those parts of the resolution are contrary to the rules, the applicants refer to rules 22(b) (iii), 22(g), 30(d) (iv), 30(e), 32(e), and 33(a) (wii). Those rules provide - "22(b) Subject to para (a) hereof a person is eligible to hold the office of - (Lil) Organizer (whether elected or appointed); if he is a financial member of the Union continuously for the previous three years and is financial at the time of his nomination for election (or appointment as the case may be) but not otherwise." "22(g) A person is not eligible to nominate for election to more than one office where the offices concerned are full-time salaried offices." "30(d) Without limiting its powers in any way each Branch Committee of Manage- ment shall have power to: eee (iv) Determine whether organizers shall be elected or appointed and the number of such organi- zers, and to reduce the number at any time;" "30(e) All paid officers, Organizers and employees of a Branch shall be subject to the control and direction of the Branch Committee of Management as expressed through the Branch Secretary." "32 The duties of... Branch Organizers shall be as hereunder: 10. fe) Organizers: (i) Branch Organizers shall be eligible for election on the Branch Committee of Management. (ii) Branch Organizers shall assist in the work of the Branch gen- erally, and discharge such duties as may be allotted to them by the Branch Secretary. All moneys collected by them shall be paid over to the Branch Secretary within one week of collection." "33 (a) Elections shall be held in 1979 and every three years thereafter for the follow- ing Branch Cfficers and representatives: + (vii) Branch Organizers in each Branch which has determined that an election is required to fill such positions." The applicants argue that the rules, on their proper construction, require that a choice be made by the Branch Committee of Management whether Branch Organizers are to be elected or appointed and that, apart from the situation where there is a casual vacancy to be filled for which rule 34 makes provision, it is not permissible to have sone elected and some appointed organizers. The position being that all positions of Branch Organizer were recently filled by election, the applicants submit that the appointment of Mr. Williams without election to such a position is inconsistent with the rules. It is pointed out that, as Mr. Williams nominated for election to the salaried full-time position of Branch Secretary, he could not under the rules have nominated for or been ll. elected te an office of Branch Organizer (sub-rule 22(g)). It was argued that, unless the construction of the rules contended for by applicants is accepted, the rules would be contrary to section 133(1)(a) of the Act. I am not satisfied that this latter submission can be sustained but to say this, of course, leaves un- resolved the question whether the rules on their proper construction have the meaning which the applicants seek to ascribe to them. For the applicants it is also submitted that the resolution operates to elevate ifr. Williams to full-time status in the Queensland Branch Office and that in so far as it does so and contains provisions ancillary to that elevation it is contrary to the rules relating to the position of Branch Secretary. It is said that the pro- visions of the rules conferring powers and responsibilities on the Branch Secretary are such that he is properly described as the chief administrative officer of the Queensland Branch. Reference is made to a number of provisions in the rules as supporting this view of the Branch Secretary's position but for present purposes it is sufficient to refer to sub-rules 30(a), 30(e), 32(c) and 32(e) (ii). Sub-rule 30(a) provides that the Branch Secretary is to be a member of the Branch Committee of Management by 12. virtue of his holding the office of Branch Secretary. the texc of sub-rules 30(e) and 32(e) (ii) have already been set cut. Sub-rule 32(c) provides - "32. The dut1res of Branch Officers shall be as hereunder: (c) Secretary: The Branch Secretary shall be competent to discharge all duties assigned to him by the Branch Committee of Management, and shall attend all meetings connected with the Branch when practicable. He shall attend to all correspondence, keep a copy of all letters and wires despatched. Hée shail give an official receipt for all moneys received, and bank such moneys to the credit of the Branch at least weekly. He shall keep all documents books and accounts relating to the business of the Branch. He shall issue notices to members, particularly to those who are in arrears with their dues. He shall hand over to the Branch Auditor ali property, books, documents and moneys belonging to the Branch within twenty-four hours of being requested to do so by resolution passed at any meeting of the Branch Committee of Management. He shall further discharge such duties as may be allocated to him from time to time by the Branch Committee of Management. He shall, if deemed necessary, find security in such a sum as the Branch Committee of Management may decide, the premium to be paid by the Branch. He shall be allowed a sum not exceeding $100 as determined by the Branch Committee ox Management from time to time. Such amount, once determined, shall be reimbursed by cheque drawn from the Branch Bank account for petty cash, to be drawn by cheque from the Branch General Fund account. The Secretary shall be custodian of the moveable property of the Branch. 13. Notwithstanding anything contained elsewhere in these rules he shall also be in sole charge of the Branch office and those employees connected with the work thereof." The resolution is said to erode the functions which the rules commit to the Branch Secretary. The submission is put that, reading the resolution as a whole including, in particular, the preamble, Mr. Williams' appointment was made not so that he could undertake what may be described as the ordinary cuties of a Branch Organizer in the Brisbane Sub-Branch area or as directed by the Branch Secretary but in order that he might occupy a position as an intermediary between the Branch Secretary and the Branch Organizers performing duty in the Brisbane Sub-Branch area, thus breaking the chain of command that the rules prescribe. Such an appointment is said to be contrary to sub-~rules 32(¢) and 32(e) (il). A submission is also made that the resolution, in so fer as it provides for the appointment of Mr. Williams as the co-ordinator and minute secretary of the Transport Workers' Union Safety Committee and the Transport Workers' Union ~ TUTA Trade Union Training Committee with power to call meetings of those committees as deemed necessary is beyond the powers of the Branch Committee of Management. Reference 1s made to sub-rule 32(c). 14. The applicants also attack that part of the resolution purporting to authorise Mr. Williams to issue press statements. They refer to a resolution passed by the Queensland Branch Committee of Management on 16 Feb- cuary 1984 in the following terms - ' "That the policy of this Union in respect of ! Press Statements being made is that the Branch Secretary be solely responsible for all media statements and releases." The applicants also refer to sub-rule 47(c) which prescribes a procedure to be followed for the reconsideration of the subject matter of any resclution of the Branch Committee of Management, a procedure which was clearly not followed in the instant case. The respondents concede that the procedures prescribed by rule 47 were not followed and have stated to the Court their intention not to proceed to implement that pert of the resolution pending the Final determination of the matter. The respondents contend that the applicants' submissions (other than that last referred to) fail to give due weight to the provisions of sub-rule 30(a) providing that the Branch Committee of Management is, subject to the rules, to have control of all business of the Union within the area over which it 1s constituted to operate and sub-rule 30(e) providing that all paid officers, organizers and employees are subject to the i5. control and direction of the Branch Committee of Manage- ment as expressed through the Branch Secretary. The applicencs respond that sub-rule 30(a) is expressed to be subject to the rules end cannot operate to cut down the specific powers given tothe Branch Secretary. As to sub- rule 30(e) the applicants say that the resolution does not give the Branch Secrezary instruction as to how he should perform his functions or exercise his powers under the rules but purports to take powers away from him and confer them upon Mr. Williams. It is not an easy task to reconcile what appear on the surface to be conflicting provisions of the rules in defining the respective powers, functions and duties of the Branch Secretary and the Branch Committee of Management. In essence, the differences between the parties would appear to stem from the emphasis which they respectively place on varticular provisions of the rules. Both the applicants and the respondents concede that each rule must be read in the context of the rules as a whole. The applicants, however, say that the specific rules identifying the functions of the various branch officials are not to be read down by reference to the general powers conferred upon the Brench Committee of Managemenz. For the respondents the powers of the Branch Committee of Management are said to be paramount. 16. What I have said is, I think, sufficient to show that there are arguable issues between the parties which should be the subject of final resolution by the Court. I, therefore, propose to accede to the applicants' request that a rule nisi be issued. T am also of opinion that the applicants have showm a sufficiently strong case in relation to some aspects of the resolution to amount to a probability (in the sense explained in Beecham Group Ltd. v. Bristol Laboratories Pty. Ltd. (supra)) that at the hearing they will be held entitled to relief. In reaching this conclusion I have not, of course, undertaken a preliminary trial of the issues. The particular parts of the resolution in relation to which I have reached this conclusion are those parts of it which purport to appoint Mr. Williams as a Branch Organizer and to direct the other Branch Organizers performing duty in the Brisbane Sub-Branch area to report to him and not to the Branch Secretary and those parts of it which purport to give Mr. Williams free access to all sections of the Queensland Branch offices and require that staff at present employed in those offices be made available to the Brisbane Sub-Branch Secretary and be responsible to him. I am not satisf1ed that the applicants have shown a sufficiently strong case 1n respect of other parts of the resolution (assuming as I do for this purpose that its parts are sewerable) In particular I am not so satisfied 17. rastacz of those parts of the resolution that purport ie) py o make available to the Brisbane Sub-Branch Secretary ct room 21, First Floor, Trades Hall, Brisbane (with appropriate facilities therein) for the purpose of conducting the business (including meetings) of the Brisbane Sub-Branch and its officers and those parts of the resolution which would give the Brisbane Sub-Branch Secretary access to the only set of membership records in existence relating to members of that Sub-Branch. In the light of the attitude taken by the respondents to that part of the resolution purporting to authorise Mr. Williams tc issue press state- ments I have no need to consider the question of interim relief in relation thereto. The balance of convenzrence seems to me to favour the grant of interim relief to the applicants in relation to the carrying into eZfect of those parts of the resolution identified above in respect of which I have concluded that the applicants have shown a probability that at the hearing they will be held entitled to relief. For these reasons I order that a rule nisi issue calling upon the respondents to show cause on a date and at a time to be notified to the parties why orders should not be made under section 141 of the Act that the respondents observe rules 22, 30, 32, 33 and 47 o£ the rules of the Union and orders in terms of those set out in sub-paragraphs 1 to 11 inclusive of paragraph A 18. mination of this matter or further order from giving effect to so much of the resolution of the Committee of Management of the Queensland Branch of the Union carried on 15 March 1984 as provides that - (1) the Brisbane Sub-Branch Secretary Hughie Williams be appointed as a Branch Organizer; all Branch Organizers performing duty in the Brisbane Sub-Branch area report verbally and in writing to the Brisbane Sub-Branch Secretary on all matters, including all disputes; on ie) ~ (3) the Brisbane Sub-Branch Secretary have free access to all sections of the Queensland Branch Offices and complete access to corresponcence and documents of the Queensland Branch provided that this order shall not prevent the Brisbane Sub-Branch Secretary having access to the membership records of the Queensland Branch relating to the members of the Brisbane Sub-Branch; and (4) the Queensland Branch make available to the Brisbaue Sub-Branch Secretary staff at present employed by the Queensland Branch and performing duty in the Queensland Branch Offices. The costs of the application are reserved. I certify that this and the preceding eighteen (18) pages are a true copy of the Reasons for Judgment herein of the flonourable Mr Justice Neaves. 28 March 1984 1 Vow ye H Assoc1ate L9. foe eee Re