Marko v Fegan [2000] FCA 1016

FEDERAL COURT OF AUSTRALIA

Marko v Fegan [2000] FCA 1016

INDUSTRIAL LAW – construction of rules of an organisation – whether officer is to take office upon election when there is a holding over of office of the predecessor – whether rules contravene s 199(1)(a) of the Workplace Relations Act 1996 (Cth) when they operate to enable the holding over of office beyond four years Workplace Relations Act 1996 (Cth) ss 199(1)(a), 209, 215, 215(1)(b)(i), 218 and 255 Conciliation and Arbitration Act 1904 (Cth) s 133(1)(db) Allshorn v Stapleton (1984) 4 FCR 236 - applied McClure v Mitchell (1974) 24 FLR 115 - cited Hansch v Transport Union Workers of Australia [2000] FCA 473 - cited MARKO v FEGAN AND ORS V 455 of 2000 JUDGE: MERKEL J PLACE: MELBOURNE DATE: 2 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 455 OF 2000

BETWEEN: ZORA MARKO

APPLICANT

AND: PAULINE FEGAN

FIRST RESPONDENT

ROB McCUBBIN

SECOND RESPONDENT

VERONICA FAHEY

THIRD RESPONDENT

MARIA GORGAL

FOURTH RESPONDENT

NADA VUJASIN

FIFTH RESPONDENT

DAVID BRAY

SIXTH RESPONDENT

SONIA McCORMACK

SEVENETH RESPONDENT

PETER ELLISON

EIGHTH RESPONDENT

DENISE GREGOR

NINTH RESPONDENT

JOANNE BORCI

TENTH RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 2 AUGUST 2000

WHERE MADE: MELBOURNE

THE COURT: 1. Declares that under the Rules of the Health Services Union of Australia the applicant is to take office as the Branch Secretary of the Victoria No 1 Branch of the Union as from the completion of the Annual General Meeting of the Branch due to be held in September 2000. 2. Directs that within 7 days the parties file and exchange Minutes of Orders to give effect to these reasons for judgment.