SZSPT v MIBP

[2014] FCA 1254

FEDERAL COURT OF AUSTRALIA

Quirk and Miller; In the matter of an urgent application before the start of a proceeding [2014] FCA 1254

Citation:

Quirk and Miller; In the matter of an urgent application before the start of a proceeding [2014] FCA 1254

Parties:

ANDREW QUIRK and BRIAN MILLER  

File number(s):

NSD 1190 of 2014

Judge(s):

BUCHANAN J

Date of judgment:

18 November 2014

Catchwords:

PRACTICE AND PROCEDURE – Urgent Application Before Start of a Proceeding – Injunction sought to stop disciplinary meeting of a union taking place – Allegation that disciplinary meeting would breach union rules – Order under s 164 of Fair Work (Registered Organisations) Act 2009 (Cth) sought – applications dismissed

Legislation:

Fair Work Act 2009 (Cth)
Fair Work (Registered Organisations) Act 2009 (Cth), ss 164, 164(2), 164(3)
Federal Court Rules 2011 (Cth), rr 34.06, 34.06(2)(b)

Construction, Forestry, Mining and Energy Union, Construction and General Division Rules, r 11  

Date of hearing:

18 November 2014

Place:

Sydney

Division:

FAIR WORK DIVISION

Category:

Catchwords

Number of paragraphs:

22

Counsel for the Prospective Applicants:

Mr I M Neil SC with Ms B Obradovic

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
FAIR WORK DIVISION	NSD 1190 of 2014

IN THE MATTER OF AN URGENT APPLICATION
BEFORE THE START OF A PROCEEDING

BETWEEN:

ANDREW QUIRK
First Prospective Applicant

BRIAN MILLER
Second Prospective Applicant

JUDGE:	BUCHANAN J
DATE OF ORDER:	18 NOVEMBER 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The applicants have leave to file electronically their Urgent Application Before Start of a Proceeding. 

2.The application be dismissed. 

3.The oral application for an order under s 164 of the Fair Work (Registered Organisations) Act 2009 (Cth) be dismissed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
FAIR WORK DIVISION	NSD 1190 of 2014

IN THE MATTER OF AN URGENT APPLICATION
BEFORE THE START OF A PROCEEDING

BETWEEN:

ANDREW QUIRK
First Prospective Applicant

BRIAN MILLER
Second Prospective Applicant

JUDGE:	BUCHANAN J
DATE:	18 NOVEMBER 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

(Revised from transcript)

1. I am dealing with an urgent application before the start of a proceeding, brought on behalf of Mr Andrew Quirk and Mr Brian Miller.  I gave leave for that application to be filed electronically when the proceeding commenced. 

2. Mr Quirk and Mr Miller are each officers of the Construction, Forestry, Mining and Energy Union (“the CFMEU”), Construction and General Division (“the Division”).  Each has been charged under the rules of the CFMEU by Mr David Noonan, the Secretary of the Division, with gross misbehaviour.  Those charges were made by Mr Noonan by letter dated 5 November 2014.  In Mr Quirk’s case they arise from statements made by Mr Quirk on 16 October 2014 on the ABC 7.30 program.  In Mr Miller’s case they arise from statements made on 16 October 2014 on the ABC 7.30 program and to a journalist at the Sydney Morning…