Belan v National Union of Workers [2000] FCA 1828

FEDERAL COURT OF AUSTRALIA

Belan v National Union of Workers [2000] FCA 1828 INDUSTRIAL LAW – Agreement under s 202 of the Workplace Relations Act 1996 (Cth) ("the Act") between an organisation and the counterpart state union in New South Wales – whether the agreement prevented alterations to the rules of the organisation concerning the branch of the organisation in New South Wales – whether rules creating a Central Branch and providing for allocation of members to that branch are in breach of s 196 of theAct and/or the agreement – whether the agreement contained an implied limitation on power of organisation to amend its rules. INDUSTRIAL LAW – whether resolutions passed by organisation authorised by its rules – resolutions passed in respect of litigation arising out of industrial dispute in New South Wales – resolution that New South Wales Branch pay the legal expenses of the organisation relating to the industrial dispute litigation – resolution that officers of the New South Wales Branch be prohibited from commenting on the litigation – resolutions limiting the ability of a state branch to take advantage of provisions of the Act relating to industrial action and enterprise bargaining. Workplace Relations Act 1996 (Cth) ss 170MO, 170MR, 196, 202 McVeigh, in the matter of Piccolo v National Australia Bank Ltd [2000] FCA 187, applied Darin Nominees Pty Ltd v Franklin's Selfserve Ltd [2000] NSWCA 209, referred to Re McJannet; Ex parte the Australian Workers' Union of Employees, Queensland (1995) 184 CLR 620, referred to Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41, referred to

FRANK BELAN and ANOR v NATIONAL UNION OF WORKERS AND ORS

MOORE J

SYDNEY

15 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 232 OF 1999