Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Butler v Setches [2017] FCA 1538 File number: VID 456 of 2016
Judge: O'CALLAGHAN J
Date of judgment: 19 December 2017
Catchwords: INDUSTRIAL LAW – application under s 164 of the Fair Work (Registered Organisations) Act 2009 (Cth) – where decisions of the National Council of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) found applicant guilty of two charges under the Rules of the CEPU (Rules) – where National Council found that the applicant committed a breach of the Rules by "serially failing" to attend meetings of the National Council without good cause and breached her "fiduciary duty" to the CEPU by doing so – where applicant subsequently removed from office – whether decisions in accordance with the Rules – whether reasonable people acting honestly could have reached the decisions – whether certain members of the National Council invincibly biased against the applicant
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth), s 164
Cases cited: Australian Workers' Union v Bowen (No 2) (1948) 77 CLR 601 Buchanek v Jones (1989) 29 IR 332 Cains v Jenkins (1979) 42 FLR 188 Cleworth v Barrow (1978) 20 ALR 359 Dickason v Edwards (1910) 10 CLR 243 Haritou v Skourdoumbis [2002] FCA 116 Maloney v NSW National Coursing Association [1978] 1 NSWLR 161 A D Lang, Horsley's Meetings: Procedure, Law and Practice (Lexis Nexis, 7th ed, 2015)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate