Health Services Union (No 2) [2010] FCA 485

Health Services Union (No 2) [2010] FCA 485

The variation to paragraph 5 was made because it merely clarified and gave effect to the Court's original intention that officers elected in October 2009 would hold office until 2014 only while the Branch continued to exist under the Union Rules, and was not intended to prevent a reorganisation or amalgamation of branches. The Court was not persuaded that the appearing individuals or solicitors would be prejudiced by the variation, particularly in light of the Union's undertaking and the transitional rules; any possible prejudice was indirect and did not justify refusing the motion.

Jurisdiction
Australia
Judgment Date
04 May 2010
Procedural Posture
Industrial; Unions/registered Organisations; Scheme for Effective Functioning of Health Services Union / Notice of Motion to Vary Paragraph 5 of the Scheme Attached to the Order Made on 4 August 2009
Outcome
Motion granted; scheme varied upon the Union giving the undertaking to the Court.
Legal Topics
['union Branch Governance' 'court Approved Scheme' 'union Rule Amendments' 'amalgamation of Union Branches' 'certification of Rule Amendments']
['industrial Law' 'registered Organisations'] ['union Branch Governance' 'court Approved Scheme' 'union Rule Amendments' 'amalgamation of Union Branches' 'certification of Rule Amendments']

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Procedural Posture

Industrial; Unions/registered Organisations; Scheme for Effective Functioning of Health Services Union / Notice of Motion to Vary Paragraph 5 of the Scheme Attached to the Order Made on 4 August 2009

Legal Issues

  1. 1 ['Whether paragraph 5 of the Court-approved scheme should be varied to clarify that elected officers hold office until 2014 only subject to the continued constitution of the Branch under the Rules of the Union.' 'Whether the proposed variation would prejudice Ms Fegan, individual members or former members, or their legal representatives in relation to rights or claims under the Deed of Agreement dated 30 June 2009.']

Ratio Decidendi

The variation to paragraph 5 was made because it merely clarified and gave effect to the Court's original intention that officers elected in October 2009 would hold office until 2014 only while the Branch continued to exist under the Union Rules, and was not intended to prevent a reorganisation or amalgamation of branches. The Court was not persuaded that the appearing individuals or solicitors would be prejudiced by the variation, particularly in light of the Union's undertaking and the transitional rules; any possible prejudice was indirect and did not justify refusing the motion.

Court Disposition

Motion granted; scheme varied upon the Union giving the undertaking to the Court.

Orders

  • ['Paragraph 5 of the scheme attached to the Order of the Court made on 4 August 2009 be varied by adding the words: "subject to the continued constitution of the Branch under the Rules of the Union," at the end of the paragraph.']