Quirk v Construction, Forestry, Mining and Energy Union [2017] FCA 1576

FEDERAL COURT OF AUSTRALIA

Quirk v Construction, Forestry, Mining and Energy Union [2017] FCA 1576 File number: NSD 1344 of 2017

Judge: PERRAM J

Date of judgment: 22 December 2017

Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal by Respondents in response to application for rule to show cause by Applicants – where Federal Circuit Court proceedings commenced by the Applicants remain on foot – whether Court precluded from dealing with application for rule to show cause due to operation of sections 725 and 732 of Fair Work Act 2009 (Cth) INDUSTRIAL LAW – where Applicants were former officers of CFMEU – where Divisional Executive of the Construction and General Division of the CFMEU found Applicants guilty of gross misbehaviour – consideration of proper construction of Rule 11 of Construction and General Division Rules and interrelationship with Fair Work (Registered Organisations) Act 2009 (Cth) CONSTITUTIONAL LAW – whether Rule 11 of Construction and General Division Rules incompatible with implied freedom of political communication ADMINISTRATIVE LAW – actual or invincible bias – whether Divisional Executive of the Construction and General Division of the CFMEU actually or invincibly biased against Applicants ADMINISTRATIVE LAW – procedural fairness –whether denial of procedural fairness in refusing to adjourn Special Divisional Executive Meeting despite production of medical certificates by Applicants

Legislation: Constitution ss 7, 24 Fair Work Act 2009 (Cth) Part 3-1, ss 351, 351(1), 351(2), 351(2)(a), 351(3), 725, 728, 732, 772(1), 772(1)(f) Fair Work (Registered Organisations) Act 2009 (Cth) ss 19(1)(f), 140, 141(1)(c)(iii), 142(1)(a), 142(1)(d), 156, 164(1) Federal Court of Australia Act 1976 (Cth) ss 31A, 31A(2), 37M Federal Court Rules 1979 (Cth) (repealed) O 48 rr 8, 9, 10, 11, 12 Federal Court Rules 2011 (Cth) rr 26.01, 34.06 Anti-Discrimination Act 1977 (NSW)