Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Health Services Union, in the matter of Health Services Union [2009] FCA 829
INDUSTRIAL LAW – Unions/Registered Organisations - Applications under s 323 of the Fair Work (Registered Organisations) Act 2009 (Cth) - Whether an organisation has ceased to function effectively - Whether there are effective means under the Rules of the organisation by which the organisation can be enabled to function effectively - Whether the Federal Court has jurisdiction to determine applications under s 323 in light of legislative amendments Conciliation and Arbitration Act 1904 (Cth) s 171D Fair Work (Registered Organisations) Act 2009 ss 323, 338, 399 Workplace Relations Act 1996 (Cth) ss 323, 338, 339 Re Application of Gallagher; Re Federated Cold Storage & Meat Preserving Employees Union of Australia (1983) 6 IR 78 referred to Re Joske; Ex parte Shop Distributive and Allied Employees Association (1976) 135 CLR 194 cited
HEALTH SERVICES UNION
VID 378 of 2009
TRACEY J
4 AUGUST 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 378 of 2009
FAIR WORK DIVISION
BETWEEN: HEALTH SERVICES UNION
Applicant
JUDGE: TRACEY J
DATE OF ORDER: 4 AUGUST 2009
WHERE MADE: MELBOURNE
THE COURT DECLARES THAT:
1. The Victorian No. 1 Branch ("the Branch") of the Health Services Union ("the Union") has ceased to function effectively and there are no effective means under the rules of the Union by which it can be enabled to function effectively. THE COURT ORDERS THAT: 2. A Scheme is approved in the form attached for the taking of action by the National Executive of the Union to enable the Branch to function effectively. 3. In the event of any difficulty arising in the course of the implementation of the Scheme the Applicant, the Administrator or any person represented in the proceeding shall have liberty to apply on 72 hours' written notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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