Health Services Union

Case

[2014] FWCD 3522

30 May 2014


Details
AGLC Case Decision Date
Health Services Union [2014] FWCD 3522 [2014] FWCD 3522 30 May 2014

CaseChat Overview and Summary

The Health Services Union (HSU) lodged an application with the Fair Work Commission (FWC) seeking certification of rule alterations. Karen Jackson, a former National Secretary of the HSU, objected to the alterations. The Delegate was required to determine whether the alterations were consistent with the Fair Work (Registered Organisations) Act 2009 (RO Act) and other relevant legislation. The Delegate convened a hearing to give Ms Jackson an opportunity to provide evidence in support of her objections. Ultimately, Ms Jackson did not appear at the hearing, but filed written submissions. The Delegate rejected each of Ms Jackson's objections, concluding that the alterations were consistent with the RO Act and other relevant legislation. However, the Delegate refused to certify certain alterations that were inconsistent with the Fair Work Act 2009 or otherwise contrary to law. The Delegate certified the remaining alterations.
Details

Areas of Law

  • Administrative Law

  • Labour Law

Legal Concepts

  • Jurisdiction

  • Statutory Interpretation

  • Regulatory Compliance

  • Procedural Fairness

  • Unjust Enrichment

  • Regulatory Review

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