Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Lloyd Harris [2003] FCA 737

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Lloyd Harris [2003] FCA 737 INDUSTRIAL LAW – Application under s322 of Schedule 1B of the Workplace Relations Act 1996 (Cth) – whether an invalidity has occurred in the amendment of union rules – amendment of rules affecting representation of the Communications Division of the union – whether invalidity can be validated – whether validation would cause substantial injustice to the organisation or related persons Workplace Relations Act 1996 (Cth) ss 205, 219(b), 322 of Sch 1B Conciliation and Arbitration Act 1904 (Cth), s171C Re Food Preservers Union of Australia (1988) 79 ALR 138, applied Allen v Laragy (1975) 7 ALR 261, applied Re Application by the Transport Workers' Union of Australia (1992) 37 FCR 16, followed Kayne v Banks (1978) 22 ALR 255, applied Frizziero v Bogar 29 May 1998, unreported, followed Sherriff v Townsend (1980) 48 FLR 20, distinguished COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA v LLOYD HARRIS N660 OF 2003 MARSHALL J 22 JULY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N660 OF 2003

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

APPLICANT

AND: LLOYD HARRIS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 22 JULY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Being satisfied that this order will not do substantial injustice to the applicant or to any member or creditor of the applicant or to any person having dealings with the applicant; the certified rules of the applicant are hereby validated for the purposes of the certificate given by a Deputy Industrial Registrar on 31 January 2003, with effect from 31 January 2003.