Thomas v Hanson

[2001] FCA 539

FEDERAL COURT OF AUSTRALIA

Thomas v Hanson and Anor [2001] FCA 539

INDUSTRIAL - application under s 209 of the Workplace Relations Act 1996 (Cth) seeking compliance with union Rules - applicant seeking to inspect membership records of Branch of union for purposes of or in connection with distribution of election material - Rule provides for right of members to inspect any parts of records of Branch - whether there is an implication in the union Rules that the Branch Secretary should be satisfied that the purpose for the inspection is bona fide and in the interests of the members - whether there is an implication that the purpose for the inspection is not inconsistent with objects of the Branch.

INDUSTRIAL - whether the expression “the records” in the Rules of union includes information relating to members going beyond that which is contained in the roll of voters prepared by returning officer.

INDUSTRIAL - whether “electioneering” is a legitimate purpose for financial member of union to seek access to membership records of Branch - confidential nature of membership records.

INDUSTRIAL - right to inspect records of union - right to make copies of records or to remove original records without Secretary’s written consent - whether person inspecting records may make notes of contents of records.

Workplace Relations Act 1996 (Cth)
Industrial Relations Act 1979 (WA)
Workplace Relations Regulations

Re Election for Office in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 245 considered
R v Holmes;  Ex parte Public Service Association of NSW (1977) 140 CLR 63 referred to
Re an Election in the Australian Collieries’ Staff Association (NSW Branch) (1990) 26 FCR 499 referred to
McGee v Sanders (1991) 30 FCR 565 applied
Allen v Townsend (1977) 31 FLR 431 applied
Jess v Scott (1986) 14 IR 341 applied
Valentine v Butcher (1981) 51 FLR 127 applied
Kanan v Hawkins (1979) 8 IR 371 referred to
Scott v Jess (1984) 3 FCR 263 applied
Re Collins;  Ex parte Hockings (1989) 87 ALR 656 referred to
Tanner v Maynes (1985) 7 FCR 432 applied
Darroch v Tanner (1987) 16 FCR 368 referred to
McGee v Sanders (No 2) (1991) 39 IR 400 considered
Kierath v Western Australian Builders’ Labourers’, Painters’ and Plasterers’ Union (1997) 75 IR 124 considered

JOHN THOMAS v WAYNE HANSON AND THE AUSTRALIAN WORKERS’
UNION
S44 OF 2001

MANSFIELD J
ADELAIDE
9 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 44 OF 2001

BETWEEN:	JOHN THOMAS APPLICANT
AND:	WAYNE HANSON AND THE AUSTRALIAN WORKERS' UNION RESPONDENT
JUDGE:	MANSFIELD J
DATE OF ORDER:	9 MAY 2001
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

Wayne Hanson and the Australian Workers’ Union do comply with Rule 59(3) of the Rules of the Australian Workers’ Union by allowing John Thomas as a financial member of the Australian Workers’ Union to inspect the membership records of the Greater South Australian Branch of the Australian Workers’ Union upon giving reasonable notice of his request to…