Donnelly v Cosgrove [2009] FCA 1183

FEDERAL COURT OF AUSTRALIA

Donnelly v Cosgrove [2009] FCA 1183 INDUSTRIAL LAW – interlocutory injunctions - breach of rules of Union – whether persons who are no longer members of a Union are still subject to obligations under its rules – extent of members' obligations under Union rules - applications under ss 164 and 164A of the Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth), ss 164, 164A Federal Court Rules Workplace Relations Act 1976 (Cth), Schedule 1, ss 164, 164A Allen v Townsend (1977) 31 FLR 431, referred to Cook v Crawford (1982) 43 ALR 83, referred to CHARLES DONNELLY v JOHN COSGROVE, LESLIE SEAMAN, CHRISTINE FLAGE, MICHAEL CONNORS, WENDY COOKE, TALA FORBES, GEOFFREY SINGH, WENDY NEWCOMB, RUSSELL VIERITZ, NICHOLAS STORY, MICHELLE HOLWEG and GERARD O'GORMAN

VID 135 of 2009

TRACEY J

16 OCTOBER 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 135 of 2009

FAIR WORK DIVISION

BETWEEN: CHARLES DONNELLY

Applicant

AND: JOHN COSGROVE

First Respondent

LESLIE SEAMAN

Second Respondent

CHRISTINE FLAGE

Third Respondent

MICHAEL CONNORS

Fourth Respondent

WENDY COOKE

Fifth Respondent

TALA FORBES

Sixth Respondent

GEOFFREY SINGH

Seventh Respondent

WENDY NEWCOMB

Eighth Respondent

RUSSELL VIERITZ

Ninth Respondent

NICHOLAS STORY

Tenth Respondent

MICHELLE HOLWEG

Eleventh Respondent

GERARD O'GORMAN

Twelfth Respondent

JUDGE: TRACEY J

DATE OF ORDER: 16 OCTOBER 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Order made herein on 22 April 2009 by Gray J, and extended by consent on 14 May, 26 June, 25 August and 10 September 2009, be varied as follows: (a) by adding after the word "Respondents" in Order 1 the words "other than the Third, Tenth and Eleventh Respondents,"; and (b) by vacating Orders 1(c), (d) and (e). 2. The Applicant have leave to amend the Rule to show cause made herein on 27 February 2009 by adding the following paragraphs after paragraph 5: "5A An Order that the First Respondent perform and observe the rules of the Union by: (a) Not encouraging or procuring, whether by himself, his servants or agents, any member of the Union to authorise his or her employer to stop making payment of his or her Union membership contributions to the Union on his or her behalf; (b) Taking no further step in relation to each and every document in his possession, custody or control on the date of this order which is signed by any person and which is in the form of, or substantially in the form of, the documents entitled "NUWQ Membership Application Form" or "NUWQ National Union of Workers Industrial Union of Employees Queensland", copies of which are annexed hereto. 5B An Order that the Seventh Respondent perform and observe the rules of the Union by refraining from hindering, obstructing, preventing or interfering with officers and employees of the Union meeting, or arranging to meet, with members of the Union located at the Golden Circle plant at Northgate, Queensland. 5C An Order that the Eleventh Respondent take no further step in relation to each and every document in her possession, custody or control on the date of this order which is signed by any person and which is in the form of, or substantially in the form of, the documents entitled "NUWQ Membership Application Form" or "NUWQ National Union of Workers Industrial Union of Employees Queensland", copies of which are annexed hereto." 3. Until the hearing and determination of this proceeding or further Order, the First Respondent perform and observe the Rules of the National Union of Workers ("the Union") by: (a) Not encouraging or procuring, whether by himself, his servants or agents, any member of the Union to authorise his or her employer to stop making payment of his or her Union membership contributions to the Union on his or her behalf; (b) Taking no further step in relation to each and every document in his possession, custody or control on the date of this order which is signed by any person and which is in the form of, or substantially in the form of, the documents entitled "NUWQ Membership Application Form" or "NUWQ National Union of Workers Industrial Union of Employees Queensland", copies of which are annexed hereto. 4. Until the hearing and determination of this proceeding or further Order, the Seventh Respondent perform and observe the Rules of the Union by refraining from hindering, obstructing, preventing or interfering with officers and employees of the Union meeting, or arranging to meet, with members of the Union located at the Golden Circle plant at Northgate, Queensland. 5. Until the hearing and determination of this proceeding or further Order, the Eleventh Respondent take no further step in relation to each and every document in her possession, custody or control on the date of this order which is signed by any person and which is in the form of, or substantially in the form of, the documents entitled "NUWQ Membership Application Form" or "NUWQ National Union of Workers Industrial Union of Employees Queensland", copies of which are annexed hereto.