Gray v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2012] FCA 380

FEDERAL COURT OF AUSTRALIA

Gray v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2012] FCA 380 Citation: Gray v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2012] FCA 380

Parties: TROY GRAY v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

File number: NSD 304 of 2011

Judge: PERRAM J

Date of judgment: 17 April 2012

Catchwords: INDUSTRIAL LAW – Fair Work (Registered Organisations) Act 2009 (Cth) – rules of a division of the respondent federal union exempt members from paying dues if they also pay dues to an associated state union – whether such rules provide for control by members as required by s 141(1)(b)(iv) of the Act – whether such rules are oppressive, unreasonable or unjust and contrary to s 142(1)(c) of the Act – whether proceedings to be adjourned

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 5(3), 140(1), 141(1)(b)(iv), 142(1)(c), 163, 164, 164A, 164B Industrial Relations Act 1996 (NSW) ss 234, 248

Cases cited: Hodder v Australian Workers' Union (1985) 9 FCR 498 cited Lawley v Transport Workers' Union of Australia (1987) 22 IR 114 cited McGinty v Western Australia (1996) 186 CLR 140 cited Moore v Doyle (1969) 15 FLR 59 cited Municipal Officers' Association of Australia v Lancaster (1981) 54 FLR 129 considered Queensland v Commonweatlh (1977) 139 CLR 585 cited Western Australia v Commonwealth (1975) 134 CLR 201 cited Wiseman v Professional Radio and Electronics Institute of Australasia (1978) 35 FLR 24 cited Justice John Bernard Sweeney, Report of the Committee of Inquiry on Co-ordinated Industrial Organisations, Parliamentary Paper 220 of 1975, Australian Government Publishing Service, 1975