Federal Court of Australia
.
we-* @ c
* JUDGMENT No. 234-7.
CATCHWORDS
Industriai law - registered organization - performance and observance of rules - resolution of general meeting - whether binding - whether financial members of state registered union
financial members of organization - form of order.
Conciliation and Arbitration Act 1904 ss. 141, 141A, 1418,
171E.
DONALD EDMUND MURPHY v. THOMAS FRANCIS FAGLETON & ORS.
No. Q.5 of 1987
Gray J. MELBOURNE 30TH OCTOBER 1987
= 2 NOV 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPA: ARIST RY
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. Q.5 of 1987 ) )
INDUSTRIAL DIVISION BETWEEN : DON. EDMUND MURPHY Applicant -and-
THOMAS FRANCIS EAGLETON & ORS. Respondents
ORDER
THE COURT ORDERS that:
The Respondents perform and observe the rules of the Hospital Employees' Federation of Australia by treating as a valid and binding resolution the resolution of a
general meeting on 30th March 1987:
"That this General Meeting directs the Committee of Management of the Queensland Branch and the Queensland Branch Secretary to forthwith hold all
General Meetings and Special Meetings of the
Queensland Branch at Greenslopes."
unless and until the resolution is rescinded, or a resolution inconsistent with it is adopted by a subsequent general meeting of members of the Queensland
Branch of the Hospital Employees' Federation of
Australia.
2; Otherwise, the Rule to Show Cause is discharged.
(NOTE: Settlement and entry of orders is dealt with by 0.36
of the Federal Court Rules.)
IN THE ie) OF'_AU: IA No. Q.5 of 1987
3. STRICT REGISTRY INDUSTRIAL DIVISION BETWEEN: DONALD EDMUND MURPHY Applicant ~and- THOMAS FRANCIS EAGLETON & ORS. Respondents
REASONS FOR JUDGMENT
JUDGE: Gray J. DATE: 30th October 1987
The applicant in this proceeding seeks orders pursuant to s.141 of the Conciliation and Arbitration Act 1904 ("the Act"). He is a member of the Hospital Employees' Federation of Australia ("the Federation"), an organization of employees registered pursuant to the Act. The respondents are members of the Federation, and constitute the branch committee of the Queensland branch of the Federation. The
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