Re: STEVEN McGEE and REX HORE
And: J.H. SANDERS; C. KEILY; K. WISE; H.S. WEIR; G.R. NEWMAN; B.R. AGG; D.
CRUMP; K.J. CONNORS; G. WOOD; J.M. BILTRIS; J.B. WHITE; D.A. PORTER and P.
POWER
No. V I70 of 1991
FED No. 701
Industrial Law
(1991) 32 FCR 397
(1991) 39 IR 400
COURT
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
INDUSTRIAL DIVISION
Gray J.(1)
CATCHWORDS
Industrial Law - registered organisation - rules - performance and observance - right of members of branch committee of management to inspect documents of branch - whether resolution of branch committee of management inhibiting inspection valid - whether right of inspection may be exercised in company with a stranger such as an accountant - whether entitlement to photocopies of documents - application for interim orders - orders sought would have effect of final orders - considerations in granting of interim orders.
Industrial Relations Act 1988 ss. 192, 209
McGee v Sanders (Federal Court of Australia, Heerey J., 13th August 1991, unreported)
Bevan v Webb (1901) 2 Ch 59
Norey v Keep (1909) 1 Ch 561
Edman v Ross (1922) 22 SR (N.S.W.) 351
Burns v London and South Wales Coal Company (1890) 7 TLR 119
HEARING
TOWNSVILLE
#DATE 15:11:1991
Counsel for the applicants: Miss M. Hickey
Solicitors for the applicants: Holding Redlich
Counsel for the respondents other
than the respondents G.R. Newman,
D. Crump and J.B. White: Mr H. Borenstein
Solicitor for the respondents
other than the respondents
G.R. Newman, D. Crump and J.B. White: Harry Nowicki and Co.
JUDGE1
The Transport Workers' Union of Australia ("the Union") is an organisation, registered pursuant to the Industrial Relations Act 1988 ("the Act"). By virtue of s. 192(a) of the Act, it is a body corporate. It has a number of branches, including its Victorian branch ("the branch"). The parties to this proceeding are the members of the branch committee of management, which is constituted by rule 30(a) of the rules of the Union. Under rule 30(d), the branch committee of management has specific powers to, "Vote and expend any money that may be necessary in connexion with the business of the Branch", and, "Determine what salaries or other remuneration shall be paid to Branch Officers and others employed by the Branch".
The first applicant is a member of the branch committee of management by virtue of holding the office of branch trustee. The branch has two trustees. The other is the respondent Weir. Under rule 32(d), the duties of a branch trustee include: being responsible for the safe custody of all documents, securities and accumulated funds of the branch; subject to the direction of the branch committee of management, controlling all property of the branch; and investing any accumulated funds of the branch in securities allowed by law as the branch committee of management may direct.
On 28th October 1991, the applicants obtained a rule to show cause,…
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- AGLC
- McGee, S. & Anor v. Sanders, J.H. & Ors [1991] FCA 701 ((1991) 32 FCR 397; (1991) 39 IR 400)
- Case
- [1991] FCA 701
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to resolve included the enforceability of the resolution that limited the inspection rights of the members, the interpretation of the rules concerning document inspection, and the scope of permissible accompaniment during such inspections. Furthermore, the court had to determine whether the applicant was entitled to photocopies of the documents and the implications of the interim orders on the final resolution of the dispute. The court had to weigh the urgency and necessity of the interim orders against the potential final outcome of the proceedings.
In its decision, the court meticulously examined the rules and their interpretation, determining that the resolution in question was not valid as it infringed upon the members' rights. The court held that the inspection right could indeed be exercised in the company of an accountant, thus broadening the scope of permissible accompaniment. Regarding the entitlement to photocopies, the court found that such a right existed under the rules. However, in granting interim orders, the court took into account the potential final outcome of the dispute, ensuring that the interim measures did not prejudge the final resolution. The court ultimately provided clarity on these points, guiding both parties on their rights and obligations moving forward.
The final orders of the court clarified the rights of the members to inspect documents, the permissible accompaniment during inspections, and the entitlement to photocopies. The court also outlined the considerations for granting interim orders, ensuring they did not unduly influence the final outcome of the dispute. This decision provided a definitive resolution to the immediate concerns while paving the way for a fair and just final determination of the matter.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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