Transport Workers' Union of New South Wales v Patrick Murray [2008] NSWIRComm 6

Transport Workers' Union of New South Wales v Patrick Murray [2008] NSWIRComm 6

Section 263(5) of the Industrial Relations Act 1996 does not confer an absolute and unqualified right on a member to inspect an organisation's accounting records. Construed in context and having regard to the Act's purpose of responsible management and democratic control of industrial organisations, the right is qualified by a requirement that inspection be sought bona fide and not for a purpose inconsistent with the interests of the organisation and its members. Because s 266 uses the permissive word "may" and empowers the Commission to enforce the Division by order, the Court has a discretion both whether to grant relief and what relief may be granted.

Jurisdiction
Australia
Judgment Date
01 February 2008
Procedural Posture
Application by Transport Workers' Union of New South Wales for Declaratory Relief Under S 154 of the Industrial Relations Act 1996; Application by Patrick Murray for an Order Under S 266 of the Industrial Relations Act 1996 / Preliminary Questions of Law
Outcome
Preliminary questions answered: Mr Murray does not have an absolute right to inspect under s 263(5); the Court has a discretion under s 266 as to whether to grant relief and what relief may be granted. Costs reserved.
Legal Topics
['member Inspection of Accounting Records' 'industrial Organisation Accountability' 'good Faith and Proper Purpose' 'discretion to Grant Relief Under S 266 of the Industrial Relations Act 1996']
['industrial Relations' 'statutory Interpretation' 'registered Organisations'] ['member Inspection of Accounting Records' 'industrial Organisation Accountability' 'good Faith and Proper Purpose' 'discretion to Grant Relief Under S 266 of the Industrial Relations Act 1996']

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Procedural Posture

Application by Transport Workers' Union of New South Wales for Declaratory Relief Under S 154 of the Industrial Relations Act 1996; Application by Patrick Murray for an Order Under S 266 of the Industrial Relations Act 1996 / Preliminary Questions of Law

Legal Issues

  1. 1 ['Does Mr Murray have an absolute right to inspect accounting records under s 263(5) of the Industrial Relations Act 1996, even assuming he is not acting in good faith or for a proper purpose?' 'Does the Court have a discretion under s 266 of the Industrial Relations Act 1996 as to whether to grant relief and/or as to what relief may be granted?']

Ratio Decidendi

Section 263(5) of the Industrial Relations Act 1996 does not confer an absolute and unqualified right on a member to inspect an organisation's accounting records. Construed in context and having regard to the Act's purpose of responsible management and democratic control of industrial organisations, the right is qualified by a requirement that inspection be sought bona fide and not for a purpose inconsistent with the interests of the organisation and its members. Because s 266 uses the permissive word "may" and empowers the Commission to enforce the Division by order, the Court has a discretion both whether to grant relief and what relief may be granted.

Court Disposition

Preliminary questions answered: Mr Murray does not have an absolute right to inspect under s 263(5); the Court has a discretion under s 266 as to whether to grant relief and what relief may be granted. Costs reserved.

Orders

  • ['Question 1: Does Mr Murray have an absolute right to inspect under s 263(5) of the Act, even assuming he is not acting in good faith or for a proper purpose? Answer: No.' 'Question 2: Does the Court have a discretion under s 266 of the Act as to whether to grant relief and as to what relief may be granted? Answer:...