Brown v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2001] FCA 1450

FEDERAL COURT OF AUSTRALIA

Brown v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2001] FCA 1450

INDUSTRIAL LAW – validation proceedings – whether orders should be made validating the appointment of officers – where Branch President died after nominations closed but before election results declared – where positions filled by appointment of existing committee members to new roles. INDUSTRIAL LAW – rule to show cause – whether order should be made under s 257 to set aside presumption of validity under s 255 – where alleged that the committee did not act bona fides – where alleged that one committee member was aware that he was ineligible to vote on the committee but voted regardless.

Workplace Relations Act 1996 (Cth) ss 255, 257 & 258 BARRY BROWN v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA N 1372 of 2000 BRIAN WHELAN V BARRY BROWN, GREG EDWARDS, STEVE McCARNEY, TODD ANNING, ADAM STONE, MARK BAIRD, BEVAN CZARNECKI, GLENN LANE, BRUCE PALMER, TOM POPE N223 of 2001 MOORE J 17 OCTOBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1372 OF 2000

BETWEEN: BARRY BROWN

APPLICANT

AND: THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

RESPONDENT

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N223 of 2001

BETWEEN: BRIAN WHELAN

APPLICANT

AND: BARRY BROWN, GREG EDWARDS, STEVE McCARNEY, TODD ANNING, ADAM STONE, MARK BAIRD, BEVAN CZARNECKI, GLENN LANE, BRUCE PALMER, TOM POPE

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 17 OCTOBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS AND DECLARES THAT: 1. An invalidity has occurred in the management and administration of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ("CEPU") in that Mr Bruce Palmer was appointed to a vacant position as a member of the Committee of Management of the New South Wales Branch of the Plumbing Division of the CEPU on 8 June 1999 contrary to the rules of the organisation. 2. The decision dated 8 June 1999 appointing Mr Bruce Palmer as a member of the Committee of Management of the New South Wales Branch of the Plumbing Division of the CEPU be, and is hereby, validated under s 258 of the Workplace Relations Act 1996 (Cth). 3. Proceedings N1372 of 2000 otherwise be dismissed. 4. Proceedings N223 of 2001 be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.