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2015-06-16

FedCtAustralia

Hicks v CEPU - Federal Court Application

On 30 March 2015 Mr A Hicks made application to the Federal Court of Australia seeking orders that:

  1. A order declaring, pursuant to section 163 of the Fair Work (Registered Organisations) Act 2009 (Cth) (the Act), that rule 21.4 of the Rules (the Rules) of the CEPU, or the Rules as a whole, contravene section 142(1)(a) of the Act in that they are contrary to, or fail to make a provision required by the Act; namely they fail to provide for the control of committees of the organisation and its branches respectively by the members of the organisation and branches.
  2. A order declaring, pursuant to section 163 of the Act, that rule 21.4 of the Rules of the CEPU, or the Rules as a whole, contravene section 142(1)(c) of the Act in that they impose on members of the CEPU conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting the Act and the objects of the Act and the Fair Work Act 2009 (Cth), are oppressive, unreasonable or unjust.
  3. Any other orders that to the court seem appropriate.

 On 1 May 2015 orders were made including: 

  1. On or before 19 June 2015 the notice appearing in attachment A to these orders be published on each of the websites of each of the CEPU.
  2. Any member of the CEPU who wishes to be heard in the application file an appearance in the Victorian Registry of the Federal Court of Australia before 30 June 2015.
  3. The proceeding by listed for further mention on 3 July 2015.

The registry can be contacted (03) 8600 3333, fax (03) 8600 3351, or email vicreg@fedcourt.gov.au.

THE FULL NOTICE CAN BE FOUND AT http://www.cwu.org.au/view/6007

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