Bunn, David & CSPU, the Community and Public Sector Union v Rennie, Gordon Andrew

The appeal in the case of David Bunn & CPSU, the Community and Public Sector Union v Gordon Andrew Rennie was heard by Moore, Marshall, and North JJ in the Federal Court of Australia. The case pertains to a dispute regarding a direction issued by the Queensland Branch Council of the SPSF Group to federal councillors from Queensland to vote against a motion during a postal ballot. The appellants, David Bunn and the Community and Public Sector Union, challenged the validity of the direction, the authority of the Branch Council to issue such a direction, and the nature of the direction as either directory or mandatory.

The court was required to decide whether the rule under which the direction was given was valid, if the Branch Council was authorized to issue such a direction, and whether the direction was directory or mandatory. The appellants argued that rule 25B of the CPSU rules was invalid, the Branch Council lacked the authority to issue such a direction, and the direction was merely directory and did not oblige the councillors to vote in accordance with it.

The court dismissed the appeal, agreeing with the trial judge that rule 25B was not oppressive, unreasonable, or unjust as per section 196(c) of the Workplace Relations Act 1996. The court clarified that a rule might not be invalid simply because it could be used for a capricious or wrongful purpose. The court also noted that rule 25B did not inhibit discussions within the Branch but simply required councillors to vote in accordance with the Branch's will. The court found that rule 25B contains two discrete elements: a direction on how to vote and a direction on the exercise of functions. In this case, the validity of the rule was relevant to the direction on voting, not on the exercise of functions. The court concluded that the Branch Council was authorized to issue such a direction and that the direction was mandatory.

The court dismissed the appeal, affirming the trial judge's orders that the rule nisi be made absolute, that the resolution of the Federal Council of the SPSF Group be treated as null and void, and that liberty be reserved for any party to apply to the court for further orders.