Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 164

Application for order directing performance of rules

             (1)  A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.

Note:          For the meaning of order under this section , see subsection (9).

             (2)  Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.

             (3)  The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.

Court may make interim orders

             (4)  At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.

             (5)  An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.

Definition

             (9)  In this section:

"order under this section" means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.