Health Services Union, in the matter of Health Services Union [2009] FCA 829

Health Services Union, in the matter of Health Services Union [2009] FCA 829

Victoria No.1 Branch of the Health Services Union has ceased to function effectively due to ongoing dysfunction and there are no effective means under current Rules to restore effective functioning; Court has jurisdiction; remedial scheme should be approved to restore functionality.

Parties
Applicant: Health Services Union; Interested Party: Ms Pauline Fegan; Interested Party: Mr Jeff Jackson; Interested Party: Various members of the Committee of Management
Jurisdiction
Australia
Judgment Date
04 August 2009
Procedural Posture
Application Under S 323 of Fair Work (registered Organisations) Act 2009 (cth) / Final Judgment and Orders
Outcome
Declaration made and remedial orders granted as sought by applicant and agreed by parties.
Legal Topics
Registered Organisations, Union Governance, Court Jurisdiction, Remedial Schemes
Industrial Law Employment Law Registered Organisations Union Governance Court Jurisdiction Remedial Schemes

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Parties

Health Services Union

Applicant

Ms Pauline Fegan

Interested Party

Mr Jeff Jackson

Interested Party

Various members of the Committee of Management

Interested Party

Procedural Posture

Application Under S 323 of Fair Work (registered Organisations) Act 2009 (cth) / Final Judgment and Orders

Legal Issues

  1. 1 Whether Victoria No.1 Branch of Health Services Union ceased to function effectively
  2. 2 Whether effective means under the Rules exist to enable the Branch to function effectively
  3. 3 Whether the Federal Court has jurisdiction to determine applications under s 323 post-legislative amendments

Ratio Decidendi

Victoria No.1 Branch of the Health Services Union has ceased to function effectively due to ongoing dysfunction and there are no effective means under current Rules to restore effective functioning; Court has jurisdiction; remedial scheme should be approved to restore functionality.

Court Disposition

Declaration made and remedial orders granted as sought by applicant and agreed by parties.

Orders

  • Declaration that the Victorian No. 1 Branch of Health Services Union has ceased to function effectively and there are no effective means under the rules by which it can be enabled to function effectively.
  • Approval of Scheme for National Executive to take action to enable Branch to function effectively, including declaring all elected offices vacant, requesting election be conducted by Australian Electoral Commission, and appointment of Administrator (Mr John Damien Vines OAM) from 17 August 2009.