RENNIE V BUNN & BUNN v COOK & GOOD v BUNN [1997] IRCA 135

RENNIE V BUNN & BUNN v COOK & GOOD v BUNN [1997] IRCA 135

The rule nisi in Rennie v Bunn should be made absolute, as the postal resolution notified by first respondent on 16 November 1995 is null and void under union rules, and proper participation entitlements in union organs must be safeguarded; residual election participation issues warrant separate proceedings.

Parties
Applicant: Gordon Andrew Rennie; Respondent: David Bunn; Respondent: John Anderson; Respondent: Michael Conway; Respondent: CPSU, The Community and Public Sector Union; Applicant: Greg Vines; Applicant: Jan McMahon; Applicant: David Robinson; Applicant: Karen Batt; Respondent: Ronald A. Cook; Respondent: Brian Jardine; Respondent: Janet Good; Respondent: Anita Haenfler; Respondent: Michael Tandy; Applicant: Janet Pamela Good; Respondent: Sean Curley; Respondent: Leigh Delaney; Respondent: Peter Keogh; Respondent: Bob Teymant; Respondent: Sue Carlos; Respondent: Karen Batt; Respondent: Greg Vines; Respondent: Dave Robinson; Respondent: Jan McMahon
Jurisdiction
Australia
Judgment Date
21 April 1997
Procedural Posture
Industrial Relations / Post Judgment Orders Following Hearing
Outcome
Orders made in three proceedings: rule nisi made absolute in Rennie v Bunn; declaration and termination in election inquiry; rule nisi discharged in Good v Bunn.
Legal Topics
Election Validity, Union Rules, Postal Ballot, Union Officer Entitlements, Rule Nisi
Industrial Law Election Validity Union Rules Postal Ballot Union Officer Entitlements Rule Nisi

Case Brief

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Parties

Gordon Andrew Rennie

Applicant

David Bunn

Respondent

John Anderson

Respondent

Michael Conway

Respondent

CPSU, The Community and Public Sector Union

Respondent

Greg Vines

Applicant

Jan McMahon

Applicant

David Robinson

Applicant

Karen Batt

Applicant

Ronald A. Cook

Respondent

Brian Jardine

Respondent

Janet Good

Respondent

Anita Haenfler

Respondent

Michael Tandy

Respondent

Janet Pamela Good

Applicant

Sean Curley

Respondent

Leigh Delaney

Respondent

Peter Keogh

Respondent

Bob Teymant

Respondent

Sue Carlos

Respondent

Karen Batt

Respondent

Greg Vines

Respondent

Dave Robinson

Respondent

Jan McMahon

Respondent

Procedural Posture

Industrial Relations / Post Judgment Orders Following Hearing

Legal Issues

  1. 1 Whether the postal vote held by Federal Council of the SPSF Group in November 1995 was valid
  2. 2 Entitlement of individuals to participate in union meetings
  3. 3 Whether exclusion from union elections affected result

Ratio Decidendi

The rule nisi in Rennie v Bunn should be made absolute, as the postal resolution notified by first respondent on 16 November 1995 is null and void under union rules, and proper participation entitlements in union organs must be safeguarded; residual election participation issues warrant separate proceedings.

Court Disposition

Orders made in three proceedings: rule nisi made absolute in Rennie v Bunn; declaration and termination in election inquiry; rule nisi discharged in Good v Bunn.

Orders

  • Rennie v Bunn: Rule nisi granted on 8 December 1995 made absolute.
  • First and second respondents to observe union rules and treat postal vote resolution as null and void.