Marko v Fegan [2000] FCA 1016

Marko v Fegan [2000] FCA 1016

On the plain and ordinary meaning of r 52(b), the elected successor takes office from the completion of the Annual General Meeting in the year of election. The rule does not contravene s 199(1)(a) of the Workplace Relations Act 1996 (Cth) merely because, in some circumstances, it permits holding over beyond four years. Therefore the applicant's tenure as Branch Secretary commenced from the completion of the Annual General Meeting due in September 2000, not from her election on 14 June 2000.

Jurisdiction
Australia
Judgment Date
02 August 2000
Procedural Posture
Applications Under Ss 218 and 209 of the Workplace Relations Act 1996 (cth) Concerning an Election and Observance of Union Rules / Final Hearing of the Construction Issue Concerning R 52(b)
Outcome
Declaratory relief granted that the applicant is to take office from the completion of the Annual General Meeting due in September 2000; the basis for the applicant's ultimate relief under ss 209 and 218 was not made out.
Legal Topics
['construction of Rules of an Organisation' 'union Election' 'tenure of Office' 'holding Over of Office' 'workplace Relations Act 1996 (cth)']
['industrial Law'] ['construction of Rules of an Organisation' 'union Election' 'tenure of Office' 'holding Over of Office' 'workplace Relations Act 1996 (cth)']

Case Brief

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Procedural Posture

Applications Under Ss 218 and 209 of the Workplace Relations Act 1996 (cth) Concerning an Election and Observance of Union Rules / Final Hearing of the Construction Issue Concerning R 52(b)

Legal Issues

  1. 1 ['Whether the applicant, elected Branch Secretary on 14 June 2000, was to take office immediately or from the completion of the Annual General Meeting due in September 2000 under r 52(b) of the Rules of the Health Services Union of Australia.' 'Whether r 52(b), if it permits holding over of office beyond four years, contravenes s 199(1)(a) of the Workplace Relations Act 1996 (Cth).']

Ratio Decidendi

On the plain and ordinary meaning of r 52(b), the elected successor takes office from the completion of the Annual General Meeting in the year of election. The rule does not contravene s 199(1)(a) of the Workplace Relations Act 1996 (Cth) merely because, in some circumstances, it permits holding over beyond four years. Therefore the applicant's tenure as Branch Secretary commenced from the completion of the Annual General Meeting due in September 2000, not from her election on 14 June 2000.

Court Disposition

Declaratory relief granted that the applicant is to take office from the completion of the Annual General Meeting due in September 2000; the basis for the applicant's ultimate relief under ss 209 and 218 was not made out.

Orders

  • ['Declares that under the Rules of the Health Services Union of Australia the applicant is to take office as the Branch Secretary of the Victoria No 1 Branch of the Union as from the completion of the Annual General Meeting of the Branch due to be held in September 2000.' 'Directs that within 7 days the parties file...