Federal Court of Australia
Federal Court of Australia
O'Connor v Setka (No 2) [2022] FCA 151 On remittal from: O'Connor v Setka [2020] FCAFC 195
File number(s): VID 13 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 2 March 2022
Catchwords: INDUSTRIAL LAW – where Full Court allowed appeal and declared that certain members of the Union were attached to the Manufacturing Division and not the Construction and General Division – where Full Court remitted question of relief to the primary judge for consideration in accordance with its reasons – application under s 164A of the Fair Work (Registered Organisations) Act 2009 (Cth) for an order to rectify breach of rules – whether respondents acted unreasonably in breaching rules – whether transferring members enrolled in the Construction and General Division back to the Manufacturing Division would place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred – whether remittal of contributions received by the Construction and General Division to the Manufacturing Division would place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred – whether remittal of contributions received by the Construction and General Division to the Manufacturing Division would be an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules contrary to s 164B(2) INDUSTRIAL LAW – application under s 164 of the Fair Work (Registered Organisations) Act for an order giving directions for the performance or observance of rules of an organisation – whether transferring members enrolled in the Construction and General Division back to the Manufacturing Division would be an order giving directions for the performance or observance of any of the rules – whether remittal of contributions received by the Construction and General Division to the Manufacturing Division would be an order giving directions for the performance or observance of any of the rules
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