Hansch, Barry v Transport Workers' Union of Australia & Ors [1998] FCA 1036

Hansch, Barry v Transport Workers' Union of Australia & Ors [1998] FCA 1036

The monetary orders should be made because the relevant entitlements were owing, but payment by instalments was appropriate given the delay in the Industrial Relations Court judgment and the finely balanced financial position of the Federal organisation. The non-monetary relief should not be made absolute because the applicant failed to prove bad faith in the Federal Council resolution disbanding the Tasmanian Branch; the resolution was valid on the material before the Court, and the office of Branch Organiser could not survive the disbandment of the Branch on which it depended.

Jurisdiction
Australia
Judgment Date
06 August 1998
Procedural Posture
Industrial Law Proceeding by Rule to Show Cause / Ex Tempore Judgment on Whether Rule to Show Cause Should Be Made Absolute
Outcome
Monetary relief granted against the respondents other than the first respondent by instalments; the rule to show cause otherwise discharged.
Legal Topics
['registered Organisation Rules' 'rule to Show Cause' 'union Branch Disbandment' 'branch Office Holder Entitlements' 'payment by Instalments']
['industrial Law'] ['registered Organisation Rules' 'rule to Show Cause' 'union Branch Disbandment' 'branch Office Holder Entitlements' 'payment by Instalments']

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Procedural Posture

Industrial Law Proceeding by Rule to Show Cause / Ex Tempore Judgment on Whether Rule to Show Cause Should Be Made Absolute

Legal Issues

  1. 1 ['Whether the respondents other than the first respondent should be ordered to perform and observe the rules of the first respondent by causing payment of monetary entitlements to the applicant and to the TWU Super Fund on his behalf.' 'Whether payment of the amounts of $71,952.24 and $16,295.46 should be immediate or by instalments.' 'Whether the Federal Council resolution of 6 July 1998 disbanding the Tasmanian Branch was made in bad faith and invalid.' 'Whether the office of Branch Organiser of the Tasmanian Branch survived the disbandment of that Branch so as to support orders giving the applicant access to telephones, records, office equipment, stationery and a motor vehicle.']

Ratio Decidendi

The monetary orders should be made because the relevant entitlements were owing, but payment by instalments was appropriate given the delay in the Industrial Relations Court judgment and the finely balanced financial position of the Federal organisation. The non-monetary relief should not be made absolute because the applicant failed to prove bad faith in the Federal Council resolution disbanding the Tasmanian Branch; the resolution was valid on the material before the Court, and the office of Branch Organiser could not survive the disbandment of the Branch on which it depended.

Court Disposition

Monetary relief granted against the respondents other than the first respondent by instalments; the rule to show cause otherwise discharged.

Orders

  • ["The respondents, other than the first respondent, perform and observe the rules of the first respondent by causing the first respondent to pay to the applicant the sum of $71,952.24 and to pay to the Transport Workers' Union of Australia Superannuation Fund, on behalf of the applicant, the sum of $16,295.46." "The...