Partridge, J. & Ors v Federated Municipal & Shire Council Employees Union of Australia[1987] FCA 162

INDUSTRIAL DIVISION

NOT FOR DISTRIBUTION

ERAL COURT OF

AUSTRALIA

PRINCIPAL, REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) )

BETWEEN :

AND:

No. NSW 15 of 1987

JAMES PARTRIDGE, MICHAEL OLDFIELD and MICHAEL GREEN

Applicants

MEMBERS OF EXECUTIVE OF THE FEDERATED MUNICIPAL & SHIRE COUNCIL EMPLOYEES UNION OF AUSTRALIA NEW SOUTH WALES DIVISION:

GEOFFREY SMITH RICHARD LINDSAY MICHAEL DALY

F, GRANT

L. NEWELL

J. McMAHON JAMES LESLIE WOOD R._WARREN MARGARET FELD M. DENNIS

J. MONAGHAN

B. SMITH

BURT JOVANOVICH JOSEPH CAHILL

First Respondent

THE FEDERATED MUNICIPAL

& SHIRE COUNCIL EMPLOYEES' UNION OF

AUSTRALIA NEW SOUTH WALES DIVISION

Second Respondent

CORAM : WILCOX J PLACE: SYDNEY DATE : 25 MARCH 1987

EXTEMPORE REASONS FOR JUDGMENT

This is the return of a rule nisi which was granted

last Friday by Gray J on the application of three members of the Federated Municipal and Shire Council Employees' Union of Australia. Those members were all persons who were successful at the elections held in 1986 for positions as officers of the union. The union is an organization registered under the

provisions of the Conciliation and Arbitration Act 1904.

The particular offices are offices held within the New South Wales Division of the organization; but, nonetheless, they are, of course, federal offices. Since the date of their election, the applicants have carried out their functions as officers. Their particular positions are as follows: Mr Michael Oldfield was elected to the position of industrial officer of the organization; Mr Michael Green was elected as an organizer; and Mr James Partridge was elected as secretary of the public utilities salaried officers

association branch.

It appears that, in late 1986, informations were laid by these three officers against Mr Joseph Cahill, who is the