Belan v National Union of Workers [2001] FCA 724

FEDERAL COURT OF AUSTRALIA

Belan v National Union of Workers [2001] FCA 724

INDUSTRIAL LAW – Agreement between State-registered union and federal organisation – Interpretation of agreement – Whether a term should be implied limiting organisation's power to amend its rules – Validity of rule amendments – Whether amendments to create a new branch are oppressive, unreasonable or unjust – Validity of resolutions of federal organisation's National Committee of Management giving directions to a State branch and its officers. Workplace Relations Act 1996 (Cth) ss 196, 202, 208, 209

FRANK BELAN and NATIONAL UNION OF WORKERS NEW SOUTH WALES BRANCH -v- NATIONAL UNION OF WORKERS, GREGORY SWORD and JOHN BARLOW and ORS

N93 of 2001

WILCOX, RYAN and MARSHALL JJ

15 JUNE 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 93 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: FRANK BELAN

First Appellant

NATIONAL UNION OF WORKERS NEW SOUTH WALES BRANCH

Second Appellant

AND: NATIONAL UNION OF WORKERS

First Respondent

GREGORY SWORD

Second Respondent

JOHN BARLOW and ORS

Third Respondents

JUDGES: WILCOX, RYAN and MARSHALL JJ

DATE OF ORDER: 15 JUNE 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be upheld in part. 2. The orders made by Moore J on 15 December 2000 be varied by omitting orders 3 and 4 and substituting the following new orders: "3. The respondents perform and observe the rules of the National Union of Workers by treating as null and void and of no effect the resolution of the National Committee of Management of the said organisation, dated 30 November 1998, directing the New South Wales Branch of the organisation, its Branch Secretary and all of its officers, employees and members not to make any comment to anybody concerning certain specified legal proceedings. 4. The application be otherwise dismissed and the rule to show cause otherwise discharged." 3. The appeal be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.