SHEEHAN v Australian Municipal, Administrative, Clerical and Services Union

Sheehan (the applicant) brought proceedings against the Australian Municipal, Administrative, Clerical and Services Union (the respondent union) in the Federal Court of Australia. The applicant alleged that the respondent union had breached its obligations under the *Workplace Relations Act 1996* (Cth) by failing to provide him with a copy of the union's rules and by failing to provide him with a copy of the union's annual financial statements. The applicant sought orders for compliance and damages.

The primary legal issue before the Court was whether the respondent union had contravened section 246(1) of the *Workplace Relations Act 1996* (Cth), which required registered organisations to provide a copy of their rules to any member upon request. A secondary issue was whether the union had contravened section 253(1) of the Act, which mandated the provision of a copy of the organisation's annual financial statements to any member upon request. The Court also considered the appropriate remedy for any proven contraventions.

Judge Burnett found that the respondent union had indeed breached its obligations under both sections. The evidence established that the applicant had made valid requests for the union's rules and financial statements, and that the union had failed to comply with these requests within the statutory timeframe. The Court reasoned that the purpose of these provisions was to ensure transparency and accountability within registered organisations, allowing members to be informed about the governance and financial standing of their union. The Court held that the union's failure to provide the requested documents constituted a contravention of the Act.

The Court ordered the respondent union to provide the applicant with a copy of its rules and its most recent annual financial statements within 14 days. The Court also ordered the union to pay the applicant $1,000 in damages for the contraventions.