Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gilchrist v Australian Municipal, Administrative, Clerical & Services Union [2001] FCA 644
INDUSTRIAL LAW – application for ballot for withdrawal of branch of de-registered union from amalgamated Union – validity of application – authorisation of applicants to bring application – whether branch separately identifiable constituent part – whether outline of proposal for withdrawal fair and accurate. Workplace Relations Act 1996 (Cth) Div 7, 7A (ss 253ZH-253ZX)
Williams v Hursey (1959) 103 CLR 30 referred to CEDRIC GILCHRIST AND ORS ON BEHALF OF THE LOCAL GOVERNMENT, COMMUNITY SERVICES, PUBLIC AUTHORITIES AND RACING (MEU) WESTERN AUSTRALIAN BRANCH OF THE AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION v THE AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION W 169 OF 1999 LEE J 31 MAY 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 169 OF 1999
BETWEEN: CEDRIC GILCHRIST
DICK RAYNER
ADRIAN BENNETT
JUNE KIRWAN
DOUGLAS FIELDHOUSE
PETER NEWMAN
ANDREA BALLANTYNE
ANDREW JOHNSON
MEGAN KIRWAN
SEAN HEALY
ON BEHALF OF THE LOCAL GOVERNMENT, COMMUNITY SERVICES, PUBLIC AUTHORITIES AND RACING (MEU) WESTERN AUSTRALIAN BRANCH OF THE AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERCIAL AND SERVICES UNION
APPLICANTS
AND: THE AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
RESPONDENT
JUDGE: LEE J
DATE OF ORDER: 31 MAY 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: The parties present a minute by 8 June 2001 which gives effect to the reasons herein. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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