Rayner v Ellery [2016] FCA 771

FEDERAL COURT OF AUSTRALIA

Rayner v Ellery [2016] FCA 771 File number: VID 342 of 2016

Judge: JESSUP J

Date of judgment: 1 July 2016

Catchwords: INDUSTRIAL LAW – Registered organisation – Performance and observance of rules – Division of functions as between national council and branch – Branch autonomy – Proceeds of sale of real estate – Whether under control of national council – Whether available to fund redundancy benefit for branch employee – Whether branch officers obliged to comply with national council resolution.

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) s 164

Cases cited: Country Roads Board v Neale ADS Pty Ltd (1930) 43 CLR 126 Foley v Padley (1984) 154 CLR 349

Date of hearing: 9 & 10 June 2016

Registry: Victoria

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 60

Counsel for the Applicant: Mr H Borenstein QC with Mr T Borgeest

Solicitor for the Applicant: Slater and Gordon

Counsel for the Respondents: Mr M Harding

Solicitor for the Respondents: Ryan Carlisle Thomas

ORDERS VID 342 of 2016

BETWEEN: GREG RAYNER Applicant

AND: JOHN ELLERY First Respondent

KELVIN WELBOURN Second Respondent

SUSAN RILEY (and others named in the Schedule) Third Respondent

JUDGE: JESSUP J DATE OF ORDER: 1 JULY 2016

THE COURT ORDERS THAT:

1. The respondents perform and observe the Rules of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia by refraining, in compliance with the resolution of the National Council of the Union on 6 April 2016, from making any payment to Ms Trish Willoughby as a termination payment on redundancy from the Branch's Industry Fund Portfolio Service investment. 2. Otherwise, the application be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.