Conquo v Jackson [2009] FCA 45

Conquo v Jackson [2009] FCA 45

The applicant established a strong case that the Branch Committee resolutions of 7 January 2009 were valid and that the respondent, as Branch Secretary, was obliged by the Union rules to comply with and not obstruct them. The respondent's quorum argument misconstrued Rule 64 because a majority of members did not include casual vacancies; the bad faith allegations lacked persuasive evidentiary support; and Rule 59 concerning conventional audit functions did not prevent a separate investigation into financial irregularities by Pitcher Partners. The balance of convenience favoured prompt investigation in the interests of the Branch and its members, and the respondent's objections did not...

Jurisdiction
Australia
Judgment Date
05 February 2009
Procedural Posture
Application for Interim Orders Under S 164 of Schedule 1 of the Workplace Relations Act 1996 for Performance and Observance of Union Rules / Interim Relief After Order to Show Cause
Outcome
Interim relief granted; orders made requiring the respondent to perform and observe the Union rules by not obstructing Pitcher Partners and by providing access to Branch records; no undertaking as to damages required.
Legal Topics
['registered Organisation Rules' 'union Branch Governance' 'interim Orders' 'quorum' 'balance of Convenience' 'financial Investigation']
['industrial Law' 'corporations and Associations' 'civil Procedure'] ['registered Organisation Rules' 'union Branch Governance' 'interim Orders' 'quorum' 'balance of Convenience' 'financial Investigation']

Case Brief

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Procedural Posture

Application for Interim Orders Under S 164 of Schedule 1 of the Workplace Relations Act 1996 for Performance and Observance of Union Rules / Interim Relief After Order to Show Cause

Legal Issues

  1. 1 ["Whether there was a serious question that the respondent failed to perform and observe the rules of the Health Services Union by obstructing Pitcher Partners' investigation and refusing access to Branch records." 'Whether the Branch Committee resolutions of 7 January 2009 were invalid for want of quorum.' 'Whether the resolutions were arguably passed in bad faith or for an improper purpose contrary to ss 286 and 287 of Schedule 1 of the Workplace Relations Act 1996.' 'Whether Rule 59 concerning appointment of a Branch Auditor prevented the Branch Committee from appointing Pitcher Partners to investigate alleged financial irregularities.' 'Whether the balance of convenience favoured interim orders requiring the respondent to cease obstruction and provide access to Branch records.' 'Whether the applicant should be required to give the usual undertaking as to damages.']

Ratio Decidendi

The applicant established a strong case that the Branch Committee resolutions of 7 January 2009 were valid and that the respondent, as Branch Secretary, was obliged by the Union rules to comply with and not obstruct them. The respondent's quorum argument misconstrued Rule 64 because a majority of members did not include casual vacancies; the bad faith allegations lacked persuasive evidentiary support; and Rule 59 concerning conventional audit functions did not prevent a separate investigation into financial irregularities by Pitcher Partners. The balance of convenience favoured prompt investigation in the interests of the Branch and its members, and the respondent's objections did not...

Court Disposition

Interim relief granted; orders made requiring the respondent to perform and observe the Union rules by not obstructing Pitcher Partners and by providing access to Branch records; no undertaking as to damages required.

Orders

  • ['Until the final determination of the proceeding or further order the respondent perform and observe the rules of the Health Services Union by ceasing and refraining, by himself, his servants or agents, from obstructing, hindering or in any other way preventing Pitcher Partners, auditors, from carrying out an...