Transport Workers' Union of New South Wales v Patrick Murray [2008] NSWIRComm 6

Industrial Court of New South Wales

CITATION: Transport Workers' Union of New South Wales v Patrick Murray [2008] NSWIRComm 6

APPLICANT / RESPONDENT: Transport Workers' Union of New South Wales PARTIES: RESPONDENT / APPLICANT: Patrick Murray

FILE NUMBER(S): IRC 2116 of 2007; 2130 of 2007

CORAM: Boland J

Statutory interpretation - Whether member of registered organisation of employees entitled to inspect accounting records of the organisation under s 263(5) of the Industrial Relations Act 1996 - Whether Court has discretion under s 266 of the Industrial Relations Act 1996 to grant relief and/or as to what relief may be granted - Consideration of object of statutory construction - Legislative purpose of s 263(5) - Whether member's right to inspect qualified by a requirement that the purpose of the inspection must be bona fide - Whether use of the word "may" in s 266 to be construed in permissive or mandatory sense - Held that member does not have absolute right to inspect under s 263(5) - Held further that the word "may" in s 266 is used in the permissive sense and that the Court has a discretion under s 266 of the Act as to whether to grant relief and as to what relief may be granted CATCHWORDS: Registered organisations - Whether member of registered organisation of employees entitled to inspect accounting records of the organisation under s 263(5) of the Industrial Relations Act 1996 - Whether Court has discretion under s 266 of the Industrial Relations Act 1996 to grant relief and/or as to what relief may be granted - Consideration of object of statutory construction - Legislative purpose of s 263(5) - Whether member's right to inspect qualified by a requirement that the purpose of the inspection must be bona fide - Whether use of the word "may" in s 266 to be construed in permissive or mandatory sense - Held that member does not have absolute right to inspect under s 263(5) - Held further that the word "may" in s 266 is used in the permissive sense and that the Court has a discretion under s 266 of the Act as to whether to grant relief and as to what relief may be granted