Thomas v Hanson and Anor [2001] FCA 539

FEDERAL COURT OF AUSTRALIA Thomas v Hanson and Anor [2001] FCA 539 INDUSTRIAL - application under s 209 of the Workplace Relations Act 1996 (Cth) seeking compliance with union Rules - applicant seeking to inspect membership records of Branch of union for purposes of or in connection with distribution of election material - Rule provides for right of members to inspect any parts of records of Branch - whether there is an implication in the union Rules that the Branch Secretary should be satisfied that the purpose for the inspection is bona fide and in the interests of the members - whether there is an implication that the purpose for the inspection is not inconsistent with objects of the Branch. INDUSTRIAL - whether the expression "the records" in the Rules of union includes information relating to members going beyond that which is contained in the roll of voters prepared by returning officer. INDUSTRIAL - whether "electioneering" is a legitimate purpose for financial member of union to seek access to membership records of Branch - confidential nature of membership records. INDUSTRIAL - right to inspect records of union - right to make copies of records or to remove original records without Secretary's written consent - whether person inspecting records may make notes of contents of records. Workplace Relations Act 1996 (Cth) Industrial Relations Act 1979 (WA) Workplace Relations Regulations Re Election for Office in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 245 considered R v Holmes; Ex parte Public Service Association of NSW (1977) 140 CLR 63 referred to Re an Election in the Australian Collieries' Staff Association (NSW Branch) (1990) 26 FCR 499 referred to McGee v Sanders (1991) 30 FCR 565applied Allen v Townsend (1977) 31 FLR 431 applied Jess v Scott (1986) 14 IR 341 applied Valentine v Butcher (1981) 51 FLR 127 applied Kanan v Hawkins (1979) 8 IR 371 referred to Scott v Jess (1984) 3 FCR 263 applied Re Collins; Ex parte Hockings (1989) 87 ALR 656 referred to Tanner v Maynes (1985) 7 FCR 432 applied Darroch v Tanner (1987) 16 FCR 368 referred to McGee v Sanders (No 2) (1991) 39 IR 400 considered Kierath v Western Australian Builders' Labourers', Painters' and Plasterers' Union (1997) 75 IR 124 considered JOHN THOMAS v WAYNE HANSON AND THE AUSTRALIAN WORKERS' UNION S44 OF 2001 MANSFIELD J ADELAIDE 9 MAY 2001