Bramich v Transport Workers Union of Australia [2000] FCA 135

Bramich v Transport Workers Union of Australia [2000] FCA 135

Rule 23(1)(e) was sufficiently certain because the phrase 'effectively ceases to function' could be objectively assessed by reference to whether, as a practical reality, a branch had ceased to perform its functions under the Rules. However, Rule 23(3) contravened s 196(c) of the Workplace Relations Act 1996 because it empowered Federal Council, after disbanding a branch, to leave affected members represented directly by Federal Council, thereby depriving them indefinitely of substantial voting, representation and branch-management rights enjoyed by all other branch members. That discriminatory deprivation was unreasonable and unjust having regard to the statutory objects of democratic...

Jurisdiction
Australia
Judgment Date
21 February 2000
Procedural Posture
Industrial Law Appeal Concerning Rules of a Registered Organisation / Appeal From Orders of a Single Judge Discharging a Rule to Show Cause and Dismissing the Applicants' Claim for Relief
Outcome
Appeal allowed; orders below set aside; Rule 23(3) declared to contravene s 196 of the Act; respondents ordered to treat the Federal Council resolution of 6 July 1998 as null and void.
Legal Topics
['union Branch Disbandment' 'validity of Union Rules' 'democratic Control of Organisations' 'participation in Organisation Affairs' 'oppressive, Unreasonable or Unjust Rules' 'workplace Relations Act 1996']
['industrial Law' 'registered Organisations'] ['union Branch Disbandment' 'validity of Union Rules' 'democratic Control of Organisations' 'participation in Organisation Affairs' 'oppressive, Unreasonable or Unjust Rules' 'workplace Relations Act 1996']

Case Brief

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Procedural Posture

Industrial Law Appeal Concerning Rules of a Registered Organisation / Appeal From Orders of a Single Judge Discharging a Rule to Show Cause and Dismissing the Applicants' Claim for Relief

Legal Issues

  1. 1 ['Whether Rule 23(1)(e), empowering Federal Council to disband a branch which effectively ceases to function, was so uncertain as to be oppressive, unreasonable or unjust.' 'Whether Rule 23(3), allowing affected members of a disbanded branch to be represented directly by Federal Council, imposed conditions or restrictions on members that were oppressive, unreasonable or unjust contrary to s 196 of the Workplace Relations Act 1996.' 'Whether the resolution of Federal Council of 6 July 1998 disbanding the Tasmanian Branch and providing for direct representation by Federal Council should be treated as null and void.']

Ratio Decidendi

Rule 23(1)(e) was sufficiently certain because the phrase 'effectively ceases to function' could be objectively assessed by reference to whether, as a practical reality, a branch had ceased to perform its functions under the Rules. However, Rule 23(3) contravened s 196(c) of the Workplace Relations Act 1996 because it empowered Federal Council, after disbanding a branch, to leave affected members represented directly by Federal Council, thereby depriving them indefinitely of substantial voting, representation and branch-management rights enjoyed by all other branch members. That discriminatory deprivation was unreasonable and unjust having regard to the statutory objects of democratic...

Court Disposition

Appeal allowed; orders below set aside; Rule 23(3) declared to contravene s 196 of the Act; respondents ordered to treat the Federal Council resolution of 6 July 1998 as null and void.

Orders

  • ['The appeal be allowed.' 'The orders made below be set aside and in lieu thereof the following orders be made: It be declared that Rule 23(3) of the Rules of the Union contravenes s 196 of the Act.' 'The respondents perform and observe the rules of the Union by treating as null and void the resolution of Federal...