Gibbs, J.L. v Cooney, J.A. [1986] FCA 607

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GENERAL DISTRIBUTION NOT REQUIRED

(" THE FEDERAL CoUPT OF AUSTRALIA

' ICTOPTA DISTRICT PEGTIETRY ' Ne. 7 G2 or 1986

IMDUSTRIAL OLVISTON

tt

BETWEEN: TENNIFEP GLOUTSE GIERS Applicant AND: JUDITH SDELE COONEY

Fezpondent

tl DECEMBER, 1396 KEELY J

GEADONS FOR JUDGMENT

'Delivered ax tempore - revised from transcript:

Tn order to succeed under s. l4l of the Conciliation

and Arbitration Act 1994, an applicant has to satisty the

court that the respondent against whom an ordér 13 sougnt 15 a person who 13 under an obligation to perform or observe the rules of the registered organization (3. 1l¢l(1G:1). The words "thase cules" ain that sub-section refer to the particular tules the subject of the" proceeding and not to the rules in general; that 15 to say they reter to the rules in respect of which the court 13 asked to make an order giving directions

for their pertormance or observance.

In this case it is contended that the respondent, as

Federal Secretary or the Royal Australian Nursing Federation.

has a duty. under rule 18(f), to "serve a Notice of Meeting on each Federal Councillor at least twenty-eight (28) days before the date 3et for such Meeting", rererring to the meeting whicn the present applicant has decided should be

held on Ll January of next year.

Yn the facts which have been admitted by counsel for the applicant '(for the purposes ot these proceedings). it 3eems ta me to be clear that the respondent 13 not at present under a duty to perform or observe rule ldif) by serving a notice orf the propoged special Meeting or Federal Council. I have tormed that opinion because or a number or matters, commencing with the decision or the Federal Council. on 22 June 1386, "to grant the respondent leave of absence from 22 June 1986 to 3 February 41987". On 22 June 1986, it also resolved "to authorize the Executive Committee of the Federal Council to address the matter of the leave of the Federal Secretary and the appointment of a person to fulfil the duties or the Federal Secretary". The autharity conferred on the Executive Committee was exercised on 30 June 1986, when it "empowered Enid Jenkins to pertorm the tunctions of Federal Secretary during the absence on leave ot the respondent or until such time as the Executiv Committee should determine" (those three passageg3 are taken from the document ort "admitted facts" given to the court by the