Frizziero, Carlo v Bogar, Freda [1998] FCA 248

Frizziero, Carlo v Bogar, Freda [1998] FCA 248

Although there was doubt whether the respondent was presently obliged to conduct a ballot of the Division Conference, there was at least an arguable case that her obligations to call meetings and implement decisions extended to taking steps concerning the proposed rule change. Given that the time for approval of the amendment had already expired, there was sufficient justification to make a rule to show cause.

Jurisdiction
Australia
Judgment Date
02 March 1998
Procedural Posture
Application Under Division 3 of Order 48 Dealing With Workplace Relations Proceedings for an Order Under Section 209 of the Workplace Relations Act / Ex Tempore Application for Rule to Show Cause
Outcome
Rule to show cause made.
Legal Topics
['performance and Observance of Organisation Rules' 'union Rule Amendment' 'rule to Show Cause' 'internal Resolution of Organisation Disputes']
['workplace Relations' 'industrial Organisations' 'federal Court Procedure'] ['performance and Observance of Organisation Rules' 'union Rule Amendment' 'rule to Show Cause' 'internal Resolution of Organisation Disputes']

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Procedural Posture

Application Under Division 3 of Order 48 Dealing With Workplace Relations Proceedings for an Order Under Section 209 of the Workplace Relations Act / Ex Tempore Application for Rule to Show Cause

Legal Issues

  1. 1 ['Whether the respondent should be required to show cause why she should not be ordered to perform and observe the rules of the Organisation.' 'Whether there was an arguable obligation on the respondent to take steps to have the Division Conference consider or approve the proposed rule change.' 'Whether the Court should deal with the application despite section 209(3), having regard to steps taken within the organisation and the expiry of the time for approval of the proposed rule change.']

Ratio Decidendi

Although there was doubt whether the respondent was presently obliged to conduct a ballot of the Division Conference, there was at least an arguable case that her obligations to call meetings and implement decisions extended to taking steps concerning the proposed rule change. Given that the time for approval of the amendment had already expired, there was sufficient justification to make a rule to show cause.

Court Disposition

Rule to show cause made.

Orders

  • ['The respondent is to appear before the Court on Thursday, 12 March at 10.15 am.' 'An order was made in accordance with the draft rule to show cause initialled and dated by the judge.']