Baxter v Dwyer [2015] FCA 74

FEDERAL COURT OF AUSTRALIA

Baxter v Dwyer [2015] FCA 74 Citation: Baxter v Dwyer [2015] FCA 74

Parties: RODNEY BAXTER v DANIEL LEE DWYER, LEONARD COOPER, KEN HARDISTY, MARTIN O'NEA, MARIO ROYECA, SUE RILEY, JOHN ELLERY, MAUREEN PARKER, PHIL HUGHES, GEOFF TAYLOR, PETER MILLER, GREG COLBECK, JOAN DOYLE, VALERIE ANN BUTLER, GRAHAM LORRAIN, STEPHEN BUTTERWORTH, SHANE MURPHY, JIM METCHER, BARRY MCVEE, JOHN O'DONNELL, ALEX JANSEN and BERNARD STABB

File number(s): NSD 1156 of 2014

Judge(s): BUCHANAN J

Date of judgment: 13 February 2015

Catchwords: INDUSTRIAL LAW – rule to show cause – application brought by member of a union seeking orders under ss 164 and 164A of the Fair Work (Registered Organisations) Act 2009 (Cth) for observance of the union's rules and rectification of breaches of the rules – where Divisional Executive requested by branches of the Division to submit a question to a plebiscite of financial members of the Division – whether request for a plebiscite was validly made under the Divisional Rules – whether Divisional Executive could determine the validity of the request for itself under the Divisional Rules – whether plebiscite required

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth), ss 164, 164(3), 164A, 164A(3), 164A(3)(c), 164A(4) Rules of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, rr 4.31.1, 4.8, 6.1.4, 6.2, 6.3, 21, 21.4 Rules of the Communications Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, rr 4(e), 4(j), 5, 5(a), 5(h), 5(i), 6, 6(g), 7, 10, 10(c), 10(g), 13(e), 13(g), 15(g), 16(b), 35, 35(a)–(c), 35(i), 35(m), 44, 85(a), 85(e), 89, 90