Muller v Health Services Union NSW

Muller v Health Services Union NSW concerned a dispute between Mr. Muller and the Health Services Union NSW (HSU). Mr. Muller alleged that the HSU had breached its obligations under the *Fair Work Act 2009* (Cth) by failing to provide him with a copy of the union's annual financial report and by failing to provide him with a copy of the union's rules. The matter was heard in the Federal Court of Australia before Judge Driver.

The primary legal issues before the Court were whether the HSU had contravened section 254 of the *Fair Work Act 2009* (Cth) by failing to provide Mr. Muller with a copy of its annual financial report within the prescribed timeframe, and whether the HSU had contravened section 150 of the *Fair Work Act 2009* (Cth) by failing to provide Mr. Muller with a copy of the union's rules upon his request.

Judge Driver found that the HSU had indeed contravened section 254 of the *Fair Work Act 2009* (Cth) as it had failed to provide Mr. Muller with a copy of its annual financial report within the statutory period. The Court also found that the HSU had contravened section 150 of the *Fair Work Act 2009* (Cth) by failing to provide Mr. Muller with a copy of the union's rules. The Court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009* (Cth), finding that the obligations imposed on registered organisations were clear and mandatory.

The Court ordered the HSU to provide Mr. Muller with a copy of its annual financial report and a copy of its rules. The Court also imposed a pecuniary penalty on the HSU for its contraventions of the *Fair Work Act 2009* (Cth).