Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Connor v Setka [2020] FCA 441 File number(s): VID 13 of 2020
Judge(s): O'CALLAGHAN J
Date of judgment: 6 April 2020
Catchwords: INDUSTRIAL LAW – Fair Work (Registered Organisations) Act 2009 (Cth) – application under s 164 for an order giving directions for the performance or observance of union rules – where internal membership demarcation dispute between divisions of the union involving proper construction of union rules UNION RULES – principles of construction – where rules amended from time to time – where internal inconsistencies and redundancies – whether rules to be construed by reference to deleted provisions – where construing instruments by reference to deleted words is unsafe guide to meaning UNION RULES – where separate rules for the operation of divisions and branches of the union – such rules are subordinate to national rules
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 164, 164(3)
Cases cited: Callaghan v Federated Clerks Union of Australia (1987) 22 IR 346 Finance Sector Union of Australia v Unimoni Pty Ltd [2019] FCA 1128 Health & Case Management Limited v The Physiotherapy Network Limited [2018] EWHC 869 (QB) Ideal Business Centres Pty Ltd v Violin Holdings Pty Ltd atf The Violin Investment Trust [2018] NSWSC 1249 Mineralimportexport v Eastern Mediterranean Maritime Ltd [1980] 2 Lloyd's Rep 573 Mopani Copper Mines plc v Millennium Underwriting Ltd [2008] EWHC 1331 (Comm); [2008] 2 All ER (Comm) 976 ResMed Ltd v Australian Manufacturing Workers' Union (No 2) (2017) 249 FCR 408 R v Cohen; Ex parte Motor Accidents Insurance Board (1979) 141 CLR 577 R v Isaac; Ex parte Transport Workers' Union (1985) 159 CLR 323 R v McKenzie; Ex parte Actors and Announcers Equity Association of Australia (1982) 148 CLR 573 R v Williams; Ex parte Australian Building Construction Employees' and Builders' Labourers' Federation (1982) 153 CLR 402 Transport Workers' Union of Australia v Coles Supermarkets Australia Pty Ltd [2014] FCAFC 148; (2014) 245 IR 449
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