Fed court to hear all HSU applications

23 May 2012, 8:16 pm   -   Source: AAP
(File AAP)

(File AAP)

A judge has ordered the Health Services Union proceedings in the NSW Industrial Court to be transferred to the Federal Court.

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Applications to place the troubled Health Services Union (HSU) into administration are to be heard by one court instead of two, following a judge's ruling.

Justice Stephen Campbell on Wednesday approved an application by HSU national secretary Kathy Jackson for the NSW Industrial Court claim to be transferred to the Federal Court, which is due to hear two similar claims.

The NSW Supreme Court judge said further costs, expenses and inconvenience could be avoided if the state proceeding was transferred to the Federal Court.

In ordering the transfer he also referred to the "great desirability of achieving finality, avoiding the multiplicity of proceedings, and obviating the risk of conflicting outcomes".

The Industrial Court was due to begin a five-day hearing on May 28 of an application by the state union, HSUeast, to place it into administration.

On June 5, the Federal Court will begin a 10-day hearing of applications by federal Workplace Relations Minister Bill Shorten, and by HSU acting national president Chris Brown and five HSU branches.

They have applied for a declaration that both the HSU East branch of the federal union, and HSUeast, have ceased to function effectively and want a scheme approved for the appointment of an administrator.

Justice Campbell said there was no dispute - despite the interweaving of office holders, membership, funds and property - that the state union (HSUeast) and the federal branch (HSU East) were separate legal entities.

"In my judgment, the Federal Court has accrued jurisdiction to determine the State proceeding," he said.

Ms Jackson welcomed the decision to merge the two hearings.

"I cannot believe that anyone could imagine that it was better to have two separate proceedings considering the same set of facts with the possibility of inconsistent decisions and far greater costs," she said in a statement.

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