Woolgar v O'Neill [2001] FCA 1149

FEDERAL COURT OF AUSTRALIA

Woolgar v O'Neill [2001] FCA 1149 INDUSTRIAL LAW – rules of organisation require Branch to pay proportion of contributions already collected to National Council – whether rules impose conflicting duties on officers of the organisation – whether the rules impose conditions that are oppressive, unreasonable or unjust. Workplace Relations Act 1996 (Cth), ss 3(g), 187A(c), 196(c), 209.

Municipal Officers' Association of Australia v Lancaster (1981) 54 FLR 129, cited. Doyle v Australian Workers Union (1986) 12 FCR 197, cited. Roughan v Day (1991) 32 FCR 581, cited.

TONY WOOLGAR v MICHELE O'NEILL & ORS N 551 of 2001 SACKVILLE J SYDNEY 23 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 551 OF 2001

BETWEEN: TONY WOOLGAR

APPLICANT

AND: MICHELLE O'NEILL

FIRST RESPONDENT

JARROD SMITH

SECOND RESPONDENT

TERESA WEISS

THIRD RESPONDENT

DOROTHY PETERSON

FOURTH RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 23 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The first respondent take all steps, within her power, necessary to cause to be paid out of the funds of the Victorian Branch of the Textile Clothing and Footwear Union of Australia ("the Union") to the applicant, on behalf of the National Council of the Union, an amount equivalent to twenty per cent of all contributions, other than entrance fees and commissions, collected or received by the Victorian Branch of the Union between 1 April 2000 and 31 December 2000. 2. The third and fourth respondents sign all necessary cheques or instruments that may be necessary to facilitate the payment referred to in order 1. 3. The applicant have liberty to apply in relation to these orders on three days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.