Tierney v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union of Australia and Baillie [1996] IRCA 194

Tierney v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union of Australia and Baillie [1996] IRCA 194

The appeal was dismissed because, on the proper construction of s260, the organisation concerned must be a currently registered organisation at the time of the application and the order. The appellant's inchoate entitlement to be admitted to and treated as a member was not an asset or liability of the de-registered organisation that transferred to the amalgamated organisation under s253R.

Jurisdiction
Australia
Judgment Date
16 May 1996
Procedural Posture
Appeal From a Decision of a Single Judge of the Industrial Relations Court of Australia in an Application Under S260 of the Industrial Relations Act 1988 / Appeal Judgment
Outcome
Appeal dismissed.
Legal Topics
['union Membership' 'de Facto Membership' 'amalgamation of Registered Organisations' 'de Registration' 'statutory Construction' 'transfer of Liabilities']
['industrial Law' 'registered Organisations'] ['union Membership' 'de Facto Membership' 'amalgamation of Registered Organisations' 'de Registration' 'statutory Construction' 'transfer of Liabilities']

Case Brief

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Procedural Posture

Appeal From a Decision of a Single Judge of the Industrial Relations Court of Australia in an Application Under S260 of the Industrial Relations Act 1988 / Appeal Judgment

Legal Issues

  1. 1 ['Whether an order under s260 of the Industrial Relations Act 1988 can be made in respect of an organisation which is no longer registered at the time the application to the Court is made or when the Court makes its order.' 'Whether the right of a de facto member to seek a declaration under s260 imposed a liability on a de-registered organisation that transferred to the amalgamated organisation under s253R.']

Ratio Decidendi

The appeal was dismissed because, on the proper construction of s260, the organisation concerned must be a currently registered organisation at the time of the application and the order. The appellant's inchoate entitlement to be admitted to and treated as a member was not an asset or liability of the de-registered organisation that transferred to the amalgamated organisation under s253R.

Court Disposition

Appeal dismissed.

Orders

  • ['That the appeal be dismissed.']