Gray, Rodney John v Australian Liquor Hospitality & Miscellaneous Workers Union [1998] FCA 616

FEDERAL COURT OF AUSTRALIA

industrial law-registered organisation - registered organisation an amalgamated organisation pursuant to Division 7 Part IX of Workplace Relations Act 1996 (Cth) ("the Act") - application for ballot for withdrawal from amalgamation ("disamalgamation application") made by committee of management of constituent part of amalgamated organisation pursuant to Division 7A Part IX of Act - whether disamalgamation application made by committee of management or by persons who were members of committee of management - whether only members of committee of management who voted in favour of disamalgamation application could be applicants in proceeding - applicant sought to amend disamalgamation application - whether amendment to disamalgamation application could be authorised by a committee of management differently constituted to the committee of management which authorised initial disamalgamation application - whether ratification of amendment to disamalgamation application could be effected by a committee of management differently constituted to a committee of management which authorised amendment - whether disamalgamation application complies with particulars required by s 253ZJ (4) of the Act and r 98J and Form 11A of the Workplace Relations Regulations.

Workplace Relations Act 1996 (Cth), ss 253ZJ, 253ZJA, 253ZH, 253ZI, 253ZL, 253ZV

Workplace Relations Regulations, r 98J, r 98JA Form 11A

Re Food Preservers' Union of Australia (1988) 79 ALR 138, referred to

Re Construction Forestry Mining and Energy Union: ex parte W J Deane and Sons Pty Ltd (1994) 181 CLR 539, referred to

R v Sweeney; Ex Parte Northwest Exports Pty Ltd (1981) 147 CLR 259, referred to RODNEY JOHN GRAY v AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION VI 1294 OF 1997 MARSHALL J MELBOURNE 4 JUNE 1998