Australian Workers' Union v Registered Organisations Commissioner (No 10) [2019] FCA 2004

FEDERAL COURT OF AUSTRALIA

Australian Workers' Union v Registered Organisations Commissioner (No 10) [2019] FCA 2004 File number: VID 1151 of 2017

Judge: BROMBERG J

Date of judgment: 26 November 2019

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth): ss 237(1), 285(1), 286(1), 287(1)

Date of hearing: 26 November 2019

Registry: Victoria

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: No Catchwords

Number of paragraphs: 9

Counsel for the Applicant: Mr C Tran

Solicitor for the Applicant: Maurice Blackburn

Counsel for the First Respondent: Mr M Follett

Solicitor for the First Respondent: Ashurst

Counsel for the Second Respondent: The Second Respondent did not appear

ORDERS VID 1151 of 2017

BETWEEN: THE AUSTRALIAN WORKERS' UNION Applicant

AND: REGISTERED ORGANISATIONS COMMISSIONER First Respondent

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE Second Respondent

JUDGE: BROMBERG J DATE OF ORDER: 26 NOVEMBER 2019

THE COURT DECLARES THAT: 1. The decision of the first respondent by his delegate Mr Chris Enright made on 20 October 2017 to commence investigation INV2017/30 into the applicant ("Decision"), is invalid. THE COURT ORDERS THAT: 2. The Decision of the first respondent, by his delegate Mr Chris Enright, is quashed. 3. The second respondent (by himself or by his servants or agents) return to the applicant the documents seized pursuant to the warrants issued by Magistrate Reynolds on 24 October 2017 pursuant to s 335L of the Fair Work (Registered Organisations) Act 2009 (Cth). 4. The execution of order 3 is stayed pending the hearing and determination of any appeal of these orders. 5. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.