Want v Foley [2002] FCA 452

FEDERAL COURT OF AUSTRALIA Want v Foley [2002] FCA 452

industrial law – dispute between two branches of a union the structure of which was determined by a process of amalgamation – construction of union rules

Workplace Relations Act 1996 (Cth), s 209 R v The Commonwealth Court of Conciliation and Arbitration Ex Parte Barrett (1945) 70 CLR 141, considered R v Joske; Ex Parte Shop Distributive and Allied Employees' Association (1976) 135 CLR 194, considered Magner v Fowler (1979) 26 ALR 671, considered Short v F.W. Hercus Pty Ltd (1993) 46 IR 128, referred to Imlach v Daley (1985) 7 FCR 457, referred to Cook v Crawford (1982) 43 ALR 83, referred to MICHAEL ROBERT WANT v LUKE FOLEY & ORS N 283 of 2001

MADGWICK J 12 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 283 of 2001

BETWEEN: MICHAEL ROBERT WANT

APPLICANT

AND: LUKE FOLEY AND THE PERSONS REFERRED TO IN SCHEDULE A

RESPONDENTS

JUDGE: MADGWICK J

DATE OF ORDER: 12 APRIL 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

(a) The respondents and each of them perform and observe the Rules of the Australian Municipal, Administrative, Clerical and Services Union ("the Union") and treat as null and void the resolutions of the National Executive of the Union made on 7 March 2001, and referred to in the Appendix hereto.

(b) The respondent, Luke Foley is restrained from representing or purporting to represent any employee of TAB Limited ("the TAB") and from instructing or authorising any employee of the Union to represent or purport to represent any employee of the TAB.

(c) The respondent, Paul Slape within 7 days advise the Registrar of the Australian Industrial Relations Commission ("the AIRC") that the Notice of the Giving of Authorisation to engage in Industrial Action served on the Registrar on 20 March 2001 has been judicially determined to be null and void, or in the alternative, is withdrawn.