Want v Kruse [2008] FCA 957

FEDERAL COURT OF AUSTRALIA

Want v Kruse [2008] FCA 957

MICHAEL ROBERT WANT v BENJAMIN KRUSE

NSD785 of 2008

COWDROY J

20 JUNE 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD785 of 2008

BETWEEN: MICHAEL ROBERT WANT

Applicant

AND: BENJAMIN KRUSE

Respondent

JUDGE: COWDROY J

DATE OF ORDER: 20 JUNE 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for an Order to Show Cause be adjourned to a date to be fixed. 2. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD785 of 2008

BETWEEN: MICHAEL ROBERT WANT

Applicant

AND: BENJAMIN KRUSE

Respondent

JUDGE: COWDROY J

DATE: 20 JUNE 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT

Facts 1 The applicant (Mr Want) is a member of the Australian Municipal, Administrative, Clerical and Services Union ('the ASU'), an organisation of employees registered under the Workplace Relations Act 1996 (Cth) ('the Act'). Mr Want is also the Branch Executive President of the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Union ('the ASU NSW Branch'). Mr Want is also the Executive President of the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ('the USU') which is an organisation of employees registered under the Industrial Relations Act 1996 (NSW). 2 The respondent (Mr Kruse) is the Branch Secretary of the ASU NSW Branch and is also General Secretary of the USU. Rule 56 of the ASU Rules provide that a member of the USU is also a member of the ASU.

Relief claimed 3 Mr Want seeks an order pursuant to O 48 r 8 of the Federal Court Rules (Cth) ('FCR') that Mr Kruse show cause why orders should not be made pursuant to s 164 of Schedule 1 to the Act. 4 Mr Want commenced these proceedings by filing a Rule to Show Cause on 29 May 2008. On 11 June 2008 Mr Want filed in Court a notice of motion and an Amended Rule to Show Cause. On 18 June 2008 Mr Want filed in Court a Further Amended Rule to Show Cause seeking relief against Mr Kruse and the 21 persons who comprise the executive of the USU. The first claim for relief seeks: An order pursuant to section 164 of Schedule 1 to the Workplace Relations Act 1996 (Cth) that the First Respondent perform and observe rule 16 of the Rules of the New South Wales Local, Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union ("the Branch"). 5 Order 2 seeks an order that an email be sent to all staff withdrawing certain emails forwarded by Mr Kruse and relates to the specific details of the relief which Mr Want seeks to allow him to fulfil his duties. 6 Orders 3 and 4 provide: 3. An order that the First Respondent provide to the Applicant such access cards as are necessary to enable to [sic] applicant to access and use the car parking privileges that were available to the applicant on 16 April 2008. 4. That each of the Respondents perform and observe rule 44 of the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (USU) by treating as void and of no effect the resolutions carried by the Executive of the USU on 17 April 2008 pursuant to which the Executive of the USU purported to suspend the Applicant from 17 April 2008 to 17 July 2008. 7 At this stage of the proceedings Mr Want only seeks the issue of a Show Cause Order in relation to Order 4 of the Further Amended Rule to Show Cause.