Fegan v Kathy Jackson [2009] FCA 338

FEDERAL COURT OF AUSTRALIA

Fegan v Kathy Jackson [2009] FCA 338

INDUSTRIAL LAW – organisations – Union rules amended by Branch Committee pursuant to rules of the Union – whether interim orders should be granted requiring National Secretary of the Union to apply forthwith to the Industrial Registrar for certification of rule changes – role of the Industrial Registrar before certification of changes to the rules – test for interim orders – whether interim orders should be granted – application granted Workplace Relations Act 1996 (Cth) Schedule 1, ss 159, 164, 338(1) of Schedule 1 Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 (Cth) regs 3, 12, 126 R v Joske; ex parte Shop Distributive and Allied Employees' Association (1976) 135 CLR 194 referred to McGee v Sanders (No 2) (1991) 32 FCR 397 referred to Conquo v Jackson [2009] FCA 45 referred to PAULINE FEGAN v KATHY JACKSON

VID 190 of 2009

KENNY J

9 APRIL 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 190 of 2009

BETWEEN: PAULINE FEGAN

Applicant

AND: KATHY JACKSON

Respondent

JUDGE: KENNY J

DATE: 9 APRIL 2009

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 On 31 March 2009, having had the benefit of the parties' submissions, I made interim orders sought by the applicant, Pauline Fegan. I stated that I would deliver reasons at a later date. What follows are my reasons for making the orders that day. 2 Ms Fegan brings this proceeding as President of Victoria No. 1 Branch of the Health Services Union, and a member of the Union. The respondent, Ms Kathy Jackson, is the National Secretary of the Union. 3 Ms Fegan sought interim orders pursuant to s 164(4) of Schedule 1 to the Workplace Relations Act 1996 (Cth) requiring Ms Jackson to apply forthwith to the Industrial Registrar for certification of changes to the rules of the Union (in so far as they related to the internal management of Victoria No. 1 Branch). These changes were purportedly made by the Branch Committee on 24 February 2009. 4 In essence, Ms Fegan contended that, under the Union's rules, Ms Jackson, as National Secretary, was required to apply to the Industrial Registrar for certification of the rule changes. Counsel for Ms Jackson opposed the making of interim orders sought by Ms Fegan. 5 The applicant relied on her own affidavit affirmed on 26 March 2009. The respondent filed no answering affidavits.