FEDERAL COURT OF AUSTRALIA
Briant v Martin [2020] FCA 1009
File number: VID 429 of 2020 Judge: SNADEN J Date of judgment: 17 July 2020 Catchwords: INDUSTRIAL LAW – applicant dismissed (or purportedly dismissed) from office of secretary of a branch of the Independent Education Union – respondents effected (and otherwise treated as valid) that dismissal – whether applicant guilty of substantial breaches of union rules or gross misbehaviour – whether applicant’s dismissal or purported dismissal was effected contrary to the rules of the union
PRACTICE AND PROCEDURE – application for interlocutory relief under s 164(4) of the Fair Work (Registered Organisations) Act 2009 (Cth) – appropriateness of directions for the observance of union rules – application for interlocutory relief dismissed
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) – ss 164, 164A, 323 and 329
Federal Court Rules 2011 (Cth) – r 34.06
Cases cited: AMWU & anor v McCain Foods (Aust) Pty Ltd [2012] FCA 1126
Australian Workers’ Union v Bowen (No 2) (1948) 77 CLR 601
Blackadder v Ramsey (2005) 221 CLR 539
Cleworth v Barrow (1978) 20 ALR 359
Cook v Crawford (1981) 52 FLR 1
Johnson v Beitseen (1988) 41 IR 395
Johnston v Cameron [2002] FCA 948
Joyce v Christofferson (1990) 26 FCR 261
Lynch v Hodges (1963) 4 FLR 348
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611
Minister for Immigration and Citizenship v Yucesan (2008) 169 FCR 202
Re Ferguson (1995) 58 FCR 106
Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238
Steuart v Oliver & Ors (No 2) (1971) 18 FLR 83
Magner, Joske’s Law and Procedure at Meetings in Australia (Thomson Reuters, 11th ed, 2012)
Lang, Horseley’s Meetings: Procedure, Law and Practice (LexisNexis, 7th ed, 2015)
Date of hearing: 13 July 2020 Registry: Victoria Division: Fair Work Division National Practice Area: Employment & Industrial Relations Category: Catchwords Number of paragraphs: 82 Counsel for the Applicant: Mr M Irving QC with Ms F Knowles Solicitor for the Applicant: MacLean Legal Counsel for the Respondents: Mr W Friend QC with Mr Y Bakri Solicitor for the Respondents: Slater and Gordon Lawyers ORDERS
VID 429 of 2020 BETWEEN: ANGELA BRIANT
Applicant
AND: BRUCE MARTIN
First Respondent
LUCY REEVES
Second Respondent
ROBERT THOMAS (and others named in the Schedule)
Third Respondent
JUDGE:
SNADEN J
DATE OF ORDER:
17 JULY 2020
THE COURT ORDERS THAT:
1.The application for interlocutory relief contained within the applicant’s originating application dated 24 June 2020 is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
SNADEN J:
By an originating application dated 24 June 2020, the applicant seeks relief under ss 164(1) and 164A of the Fair Work (Registered Organisations) Act 2009 (Cth) (hereafter, the “Act”). The applicant is a former—and, potentially, the current—branch secretary of the Independent Education Union of Australia (hereafter, the “Union”),…
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- AGLC
- Briant v Martin [2020] FCA 1009
- Case
- [2020] FCA 1009
- Decision Date
CaseChat Overview and Summary
The court found that while the applicant had established a prima facie case for interlocutory relief, there were serious questions to be tried concerning the alleged breaches of union rules. The court examined the balance of convenience and determined that the respondents' concerns about potential resignations and further misconduct investigations provided a basis for not granting the relief at that stage. The court concluded that the applicant's evidence regarding her unemployment and mental health effects, while compelling, did not outweigh the respondents' concerns about the union's operations and potential further misconduct.
The court dismissed the application for interlocutory relief, noting that the issues raised were complex and required a full hearing to be adequately resolved. The decision highlighted the importance of adhering to union rules and the careful consideration needed when granting interlocutory relief in such disputes.
Orders
Orders of the court
1. The application for interlocutory relief contained within the applicant’s originating application dated 24 June 2020 is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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