Hansch v Transport Workers' Union of Australia [2000] FCA 1266

FEDERAL COURT OF AUSTRALIA

Hansch v Transport Workers' Union of Australia [2000] FCA 1266

INDUSTRIAL LAW - rule to show cause calling upon the respondents to show why the Court should not order that a resolution of the Federal Council of the firstnamed respondent of 31 March 2000 disbanding the Tasmanian Branch of the firstnamed respondent is null and void and that the firstnamed respondent be restrained from taking any steps to disband the Tasmanian Branch - whether sufficient notice had been given to members and office holders of the Tasmanian Branch of the disbandment of the Tasmanian Branch - whether, at the time of the resolution of the Federal Council disbanding the Tasmanian Branch, the Tasmanian Branch had "effectively ceased to function"- whether the question of whether the Tasmanian Branch had "effectively ceased to function" is governed by theoretical considerations of the operation of the rules of the firstnamed respondent or the practical reality facing the Tasmanian Branch including its financial viability, or lack thereof - whether, at the time of the Federal Council resolution disbanding the Tasmanian Branch, the Tasmanian Branch was financially viable. BIAS - whether invincible bias of Federal Councillors vitiated the resolution of Federal Council disbanding the Tasmanian Branch. CLAIM IN ACCRUED JURISDICTION OF COURT FOR PAYMENT OF ARREARS - whether the firstnamed respondent owes the firstnamed applicant payment for arrears of wages and superannuation.

Workplace Relations Act 1996 (Cth) ss208, 209, 218, 258, 259

Bramich v Transport Workers' Union of Australia (1999) 89 IR 30, [1999] FCA 510 referred to

Bramich v Transport Workers Union of Australia (2000) 97 FCR 204, [2000] FCA 135 applied

Hansch v Transport Workers' Union of Australia [2000] FCA 473 referred to