Rayner v Riley [2020] FCA 587

FEDERAL COURT OF AUSTRALIA

Rayner v Riley [2020] FCA 587 File number: VID 152 of 2018

Judge: SNADEN J

Date of judgment: 6 May 2020

Catchwords: INDUSTRIAL LAW – application under s 164 of the Fair Work (Registered Organisations) Act 2009 (Cth) for an order directing the performance or observance of union rules – interpretation of union rules – whether funds owing to a former employee of a union should be paid from funds under the control of the branch within which she was employed or the division within which that branch was founded – whether resolutions directing transfer of money from funds controlled by the branch to funds controlled by the division were valid under the union's rules – whether the court should decline to grant relief on discretionary grounds – application dismissed UNION RULES – validity of resolution – whether reasonable notice was given of a meeting at which a resolution was passed – whether resolution was made beyond power – separate resolution to ratify, authorise and/or endorse a prior resolution – validity of latter resolution – whether ratification could operate retroactively – whether latter resolution was invalid insofar as it purported to ratify, authorise or endorse an earlier resolution after the time for compliance therewith had expired – whether latter resolution was made beyond power – whether latter resolution was made in accordance with union rules – whether demand for payment made in consequence of latter resolution was a demand that the resolution authorised – whether the maker of the demand considered that it was reasonable in the circumstances