Cooper v Metcher [2015] FCA 6

Cooper v Metcher [2015] FCA 6

The 2004 resolution of the CEPU applied only to monies received by paid officials for work performed for a third party at the instance and in service of the CEPU, not to remuneration such as directors' fees obtained through nomination by another body and not performed as part of the official's service to the CEPU. Cooper did not prove that Metcher received the fees because he held a paid official role with the CEPU, nor that the fees fell within the scope of the resolution. Therefore, no breach was established.

Jurisdiction
Australia
Judgment Date
15 January 2015
Procedural Posture
Application Under Statutory Provision / Judgment After Final Hearing
Outcome
Application dismissed
Legal Topics
['registered Organisations' 'union Rules' "directors' Fees" 'statutory Interpretation']
['industrial Law'] ['registered Organisations' 'union Rules' "directors' Fees" 'statutory Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Statutory Provision / Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether respondent breached the rules of a union by failing to abide by a resolution' "Whether the 2004 resolution required accounting for directors' fees to the union" 'Interpretation of the 2004 resolution under s 164 of the Fair Work (Registered Organisations) Act 2009 (Cth)']

Ratio Decidendi

The 2004 resolution of the CEPU applied only to monies received by paid officials for work performed for a third party at the instance and in service of the CEPU, not to remuneration such as directors' fees obtained through nomination by another body and not performed as part of the official's service to the CEPU. Cooper did not prove that Metcher received the fees because he held a paid official role with the CEPU, nor that the fees fell within the scope of the resolution. Therefore, no breach was established.

Court Disposition

Application dismissed

Orders

  • ["The applicant's application is dismissed."]