Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cooper v Metcher [2015] FCA 6 Citation: Cooper v Metcher [2015] FCA 6
Parties: LEN COOPER v JIM METCHER and COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ("CEPU") (INTERVENER)
File number: VID 641 of 2013
Judge: BROMBERG J
Date of judgment: 15 January 2015
Catchwords: INDUSTRIAL LAW – application under s 164 of the Fair Work (Registered Organisations) Act 2009 (Cth) for orders that respondent perform and observe the rules of a registered organisation – whether official breached the rules of a union by failing to abide by a resolution of the union – whether the resolution required an official of the union who had received director's fees as a director of a trustee of an industry superannuation fund to account to the union in respect of those fees – whether by reference to the circumstances in which the fees were received, including that the official was appointed on the nomination of the ACTU and not the union, the fees were caught by the resolution – meaning and effect of the resolution discussed – application dismissed.
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 142(1)(c), 164, 329
Cases cited: Australian Workers' Union v Leighton Contractors Pty Ltd (2013) 209 FCR 191 Kucks v CSR Ltd (1996) 66 IR 182
Date of hearing: 13 March 2014 and 23-24 June 2014
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 62
Counsel for the Applicant: Mr E White
Solicitor for the Applicant: Holding Redlich
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