In the matter of an application by the Transport Workers' Union of Australia [2000] FCA 1267

FEDERAL COURT OF AUSTRALIA

In the matter of an application by the Transport Workers' Union of Australia

[2000] FCA 1267

INDUSTRIAL LAW - application by registered organisation seeking a determination by the Court of the questions whether an invalidity or invalidities have occurred in the management or administration of certain of its branches Workplace Relations Act 1996 (Cth) s258 Bramich v Transport Workers Union of Australia (2000) 97 FCR 204, [2000] FCA 135 referred to IN THE MATTER OF AN APPLICATION BY THE TRANSPORT WORKERS' UNION OF AUSTRALIA UNDER SECTION 258 OF THE WORKPLACE RELATIONS ACT 1996 (CTH) V 248 of 2000

MARSHALL J MELBOURNE (HEARD IN HOBART) 15 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 248 of 2000

IN THE MATTER OF AN APPLICATION BY THE TRANSPORT WORKERS' UNION OF AUSTRALIA UNDER SECTION 258 OF THE WORKPLACE RELATIONS ACT 1996 (CTH)

JUDGE: MARSHALL J

DATE OF ORDER: 15 SEPTEMBER 2000

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT:

1. The Court declares that between 6 July 1998 and 31 March 2000, invalidities occurred in the management and administration of the applicant, which invalidities were constituted by:- (a) all the actions, decisions, resolutions and determinations; and (b) all the consequences of failures to act, decide, resolve and determine; which were reliant upon or consequent upon the applicant's Federal Council resolution of 6 July 1998 to disband its Tasmanian Branch and were done or not done by the applicant's Federal Council, its Federal Committee of Management, the members of those committees of management and employees employed out of its Federal Office. 2. The Court declares that between 1 July 1999 and 31 March 2000, invalidities occurred in the management and administration of the Victorian Branch of the applicant, which invalidities were constituted by:- (a) all the actions, decisions, resolutions and determinations; and (b) all the consequences of the failures to act, decide, resolve and determine; which were reliant upon or consequent upon the applicant's Federal Council resolution of 20 May 1999 to attach its members in Tasmania to its Victorian Branch with effect from 1 July 1999, and were done or not done by that branch's committee of management, the members of that committee of management and employees employed out of the branch office and/or out of offices operated by the applicant and/or its Victorian Branch in Tasmania. 3. The Court declares that between 6 July 1998 and 31 March 2000, invalidities occurred in the management and administration of the Tasmanian Branch of the applicant, which invalidities were constituted by all the consequences of failures to act, decide, resolve and determine which were reliant upon or consequent upon the applicant's Federal Council resolution of 6 July 1998 to disband that branch and were done or not done by that branch's committee of management, the members of the committee of management of the branch and/or any persons employed by the applicant out of its Federal Office and/or offices it operated in Tasmania and/or out of the Victorian Branch offices and/or out of the offices the applicant and/or its Victorian Branch operated in Tasmania. 4. The Court orders that, save for the failure of the applicant to pay superannuation contributions on behalf of Mr Barry Hansch for the period from 28 October 1998 until 20 April 1999:- (a) each and every invalidity referred to in paragraphs 1, 2 and 3 of this order be rectified; and (b) the consequences of all such invalidities be negatived; and (c) all acts, matters or things rendered invalid by or because of each invalidity are validated. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.