Partridge, J. & Ors v Federated Municipal & Shire Council Employees Union of Australia[1987] FCA 162

Partridge, J. & Ors v Federated Municipal & Shire Council Employees Union of Australia[1987] FCA 162

There is a strong prima facie case that the applicants' right to remuneration depends on their status as federal office-holders, not ordinary state employees, and that their removal was not in conformity with the procedural protections of the union rules. The balance of convenience favours interim orders for their continued payment pending final hearing.

Parties
Applicant: James Partridge; Applicant: Michael Oldfield; Applicant: Michael Green; First Respondent: Geoffrey Smith; First Respondent: Richard Lindsay; First Respondent: Michael Daly; First Respondent: F. Grant; First Respondent: L. Newell; First Respondent: J. McMahon; First Respondent: James Leslie Wood; First Respondent: R. Warren; First Respondent: Margaret Feld; First Respondent: M. Dennis; First Respondent: J. Monaghan; First Respondent: B. Smith; First Respondent: Burt Jovanovich; First Respondent: Joseph Cahill; Second Respondent: The Federated Municipal & Shire Council Employees' Union of Australia New South Wales Division
Jurisdiction
Australia
Judgment Date
25 March 1987
Procedural Posture
Industrial Dispute / Judicial Review / Interlocutory Application for Interim Orders (return of Rule Nisi)
Outcome
Interim orders and/or undertakings for continued remuneration pending final hearing granted.
Legal Topics
Union Office Holders' Employment Status, Termination of Union Officers, Interim Relief, Interpretation of Conciliation and Arbitration Act
Industrial Law Union Office Holders' Employment Status Termination of Union Officers Interim Relief Interpretation of Conciliation and Arbitration Act

Case Brief

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Parties

James Partridge

Applicant

Michael Oldfield

Applicant

Michael Green

Applicant

Geoffrey Smith

First Respondent

Richard Lindsay

First Respondent

Michael Daly

First Respondent

F. Grant

First Respondent

L. Newell

First Respondent

J. McMahon

First Respondent

James Leslie Wood

First Respondent

R. Warren

First Respondent

Margaret Feld

First Respondent

M. Dennis

First Respondent

J. Monaghan

First Respondent

B. Smith

First Respondent

Burt Jovanovich

First Respondent

Joseph Cahill

First Respondent

The Federated Municipal & Shire Council Employees' Union of Australia New South Wales Division

Second Respondent

Procedural Posture

Industrial Dispute / Judicial Review / Interlocutory Application for Interim Orders (return of Rule Nisi)

Legal Issues

  1. 1 Whether applicants' employment was lawfully terminated
  2. 2 Whether applicants performed duties as elected holders of federal offices or under state employment
  3. 3 Rights to interim relief pending final hearing

Ratio Decidendi

There is a strong prima facie case that the applicants' right to remuneration depends on their status as federal office-holders, not ordinary state employees, and that their removal was not in conformity with the procedural protections of the union rules. The balance of convenience favours interim orders for their continued payment pending final hearing.

Court Disposition

Interim orders and/or undertakings for continued remuneration pending final hearing granted.

Orders

  • Interlocutory order or undertaking that applicants be paid their salaries, allowances, and entitlements weekly pending the final hearing.
  • Cheques for four weeks' pay sent to applicants are to be paid into an interest-bearing account in joint names of solicitors pending outcome.