Application by Brian William Courtice for Order for Performance of AWU Rules [1997] ICQ 22 (1997) 155 QGIG 323

322 QUEENSLAND CiOVERNMENT INDUSTRIAL GAZETTE [30 I\1fay, 1997 30 May, 1997] QUEENSLAND GOVERi'\TMENT INDUSTRIAL GAZETTE 323 QUEENSLAND INDUSTR!AL COURT Industrial Relations Act 1990 s. l 2 - application for order for performance of rules Applic:uion by Brian William Courtice for Order for Perfonnance of AWU Rules !No C94 rd 1996) JCSTICE de JERSEY, PRESiDENT REPORT ON JUDGMENT (as editedl 19May 1997 In giving his Judgrnent from the Hench on 14 May 1997, the Pre,ident saicl:--- ''Thb is :,n applic.:ition by Mr Courtice for an order !hat the respondent union ana its officers permil him access to the book of the union. The app!ic:1tion was first made as pat1 c,f a wider application filed ,Jn 4 December 1996 which led to a hearing befme Mr Justice Ambrose as Actmg President. That pan of the application was not then pursued but was reactivated recentlv through an a1fabvit filed on 30 Ap1il 1997. J ag-re.ed to lisr the application late last week at lhiO request of the applicant. Mr Herbert, who appears for the respondents. has compiaine<l this morning of ,he shortness of notice and of his inability to obtain precise instmctions from 1\-lr Ludwig. On the other hand Mr lfoccabclla, who appears for the applicant, has asserted that there is really no answer to the application which should be dealt with now because of the apphcant' s legitimate imercst in using material he gains through this access, in the context ofan imminent election for the first respondent", coumerpan nat10nal umo11. l wn sympathetic to Mr Herbe.rt' s position The applicani has delayed unduly in not reactivating the application until, in effoc[, the last minute ,f that be his objective. On the other hand 1hcre does seem to be no answer to the applicant's entitlement under rule !07. That being so, I thing it right to proceed with the application. The documents in question are detailed in a letter of 21 J anuar) l 997 from Quinlan Miller & Treston, the solicitors for the applicant_ to the rcsponckm union !t is therefore not as iflhe union has not had already a lot of time to c0onsider the maner. The Vli:.ry the heanng has prvceedcd thi:i 1norning has involved rny going thr1Jugh the l 7 categories of docurncnt to \Vhich the applicant seeks acces~ Jnd comsidering whelher those categories should, in 1he interests of reasonabk'rn.::s:-, and avoiding oppression, be tirnite-d, That has 1ed to soir1c sub~tantia11irniting of tho,\C cutcgories of docunv~~nt. The order '.Vhich I an1 about to rnake recogni~s what 1 c(insider to be the llnarguabk entitlement of the applicant to access to the books of the umon and in addition the unionJs kgitimatt."c right to seek sorne ijniltation with a vie\;.. to avoiding an oppressive exerci.;e. The issue has arisen whether, in the order i' m ab0tJt to pron,)unce, l should nuke provi~ion for the applicant'~ utilising the S(~;viccs of an accountant or other relevant prokssi0n;11 in ~arrying out tht~ in~pection. I\h Bol:cabclla urges that l do allow the applicant to have an accotmtant with him on the ba,is that that wiH streamiine the process and that the exarrtinattnn 1,:viU be directed towards lr.H.: fin~mcial accounts of a rn~jor concern. On the other hand, Mr Herbert p<Jirn, ro there being no entitlement within the rnle for ,he applicant ,o be accompanie<l by an ass1st,mt The rule 1..; cnst as accorchng an enti1 lerncn1 to the union iHCff,bcr al,Jne. I nnte l\tl r BoctabeHa's reference to the object of the fndu-;lrial Organisations Act J997 as set out in secrion J '.'lubscnion I, hut in the end I haYl~ reached the view that t,he t-:ntitle:ne-nt accorded by rule 107 is one ccinfine:d to the union member, and tkH that being ,o l sh,m!d not allow him to he accompanied by lliJ adv1se: unless the union cons~1~h h) mat i niu:;t :~ay that I fed obiig~d to rnake that ruling S(HHC\vhat ~tgainst my better _iudgrnem. I think that the whole process would, in aH probability. be streamlined by the applicant's h::ivin& an adviser with hirn. It rnay he that the union \Vi!l agree to ihat if it can :;ee that that \vin iead to a n1ure ex~~ditious cxi::ici~c·, hut th~ unjon presently taking oq_icc1!on to that course, i feel that I am hamstmng by the terms of m le 107, so that l will not make an order that the applicant be entitled to have m1 assistant of any sort with him. l 01 der that the first, second and third respondents make the books of the first respondent available for in,pection by the applicant. ln the case of the books at Bnsbane, by JO a.m. on Thursday i5 May l 997; in case of the books at Bundaberg, by 4 p.m. on Wednesday 14 ~,fay 1997; in the case of the books at Charleville, at the time rmminated by the S(>licitors for the applicant in writing to the solicitors for the first respon<lent, bm net before l 0 a.nl. on Thursday 15 May l 997. For the pm-poses of this order the books are as follows· ( l) The first respondent', register of members. (3) (4) (5) (7) (9) ( lO) (I l) Receipts for subscriptions for membership. Group tax certificates and summaries Any existing credit account staternents for bu:-,!nest, credit cards held by rhe branch executive limited to the year ended 30 June 1997. Airline or agents accounts for the year ended 30 June 1997 \Vith relation !o travel by members of the branch execuli ve. Receipts relating to direct reimbursemenr for expem.es incurred by branch executive members and organisers for the year emie<l 30 June [997 General ledger printout .Mmutes of executive meetings by so far only as they relate to any approval of expenses in respect of the year ended 30 June l 997. Boob of accoums and general ledgeis retained at the Bundahcrg District office and the South-West district office. That access t~; be allowed at those offices Details of membership contnbutrons. Documents relating to affiliation fees paicJ including the number of members on whose beha\fthe fees were paid ,md the individn:d amounts paid per mcrnber, 1 further -order that thJs order come into operation at 2 pxn. tornorrov✓, Wednesday, 14 May I 997. unless the parties notify the Registrar in writing. signed by them Jointly or on their behalf by thrn solicitors, that they agree Hrnt the order not corne 1nto operatJon. There will be general liberty to apply. That completes the order. should however add this. In relation lo some documents I have reserved Mr Boccabella's cliffit iiberty to apply. They are the documents memmned in the paragraphs numbered as foi!ows in Quinlan, Miller and Trestons' lel!er of2! January 1997· 8. 9, 16 and 17. Now_ finally so that the order can be understooj it will be seen by reference to that letter of 21 January 1997 that l have pared down some of the categories of document l think that rnlc J07 has to be applie<l in a reasonable way and that can ly~ drawn from the reference, for c:,,arnple, to the books being open 'a! Q]l reasonable limes' Having regard to the cxigcncie, of this case• in the intcreMs of both sides I have endeavoured this morning tn approach the matter as faiily ;;s l can. l hope. that the access whic.h I have ordered v.:ill be carrle-d out in an ordt:rly and cooperative way, Jn the evem thai. the working out of the order in practice is seen to _impose smne intolerable burden !hen the1e rnay be need f{x reron~lderaUon. But in the end it rnust be apprtciated that rule l 07 doe'}, a~ I h{iVC :,;aid, accord an apparently very \vidc entltkrncm. in the union mernher and J an: sure that the union wi1i approach the irnpkn1entation of thi\ order in that s.pirit and recognitiun," Dated 1his nineteenth day of May ! 997. By the (\xu1, [L S j E. EW AL!), lndustnal Registrar. 2:'32! _t.DOC -- 1 of 2 -- 324 QUEENSLAND GOVERNMENT INDUSTRIAL Appearances:-- Mr L. Boccabe!la (insrrncted by Quinlan Miller Treston), with him Ms C Sutherland on behalf of the Applirnnt. Mr A Herbc11 (instructed by CA Sciacca and Associate,) for Tile Australian Workers' lJ n ,on of Employees, Queensland. Operative Date: NIA Judgment -- Application by Brian William Courtice for Order for Perfo,rnance of AWU Rules. Released l 9 /\fay J 997 fliHHH/JiJ/J/Ji#J/J/JiJ/ iHIJ/ii#JicliitJH/liii#iH!c#itJ!JtiiH#JiiHtitiiit.!liilH/Jii!IHiiii!i!iifli!HJ/ [30 1997 30 1997] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE -- 2 of 2 --