Australian Postal & Telecommunications Union v Question of Law [1977] FCA 45

o. COMMONWEALTH OF AUSTRALIA

IN THE FEDERAL COURT V No. 19 of 1977 OF AUSTRALIA

INDUSTRIAL DIVISION In the matter of -

AUSTRALIAN POSTAL AND TELECOMMUMNICATIONS UNION re QUESTION OF LAW

MEMBERS OF Bowen, C.d. THE BENCH: Smithers, J. Keely, J. DATE: 4st July 1977 JUDGMENT

This is a reference by the Industrial Registrar of the following question of law pursuant to Section 112 of the Conciliation and Arbitration Act 1904.

"Was a person who had been elected to a full time office of Assistant Secretary of a Branch and who occupied that office until the 1975 Branch bi-ennial election, and who was re-elected by and from a group to a full time office of Assistant Secretary of that Branch at the 1975 bi-ennial

election, entitled to a two or four year term of office commencing in 1975?".

The Registrar has received requests from the South Australian, Victorian, Western Australian and New South Wales Branches of the Australian Postal and Telecommunications Union that an election for offices, including the office of Assistant Secretary (one position) in each Branch be conducted under s. 170 of the Act. He has not yet decided whether or

not the requests have been duly made.

vere

Prior to 12th June 1975, the relevant rules of

the organisation relating to the office of Assistant Secretary

in Branches were those set out below -

"31(d)

(c)

4 (m)

Each Branch shall have for its management a State Executive consisting of a President, two (2) Vice Presidents, Secretary-Treasurer, Assistant Secretary, Organiser (where declared a full time positions. and twelve (12) or nine (9) Group Representatives, as provided for in Rule 32, who shall be elected for a period of two ( 2) years. Provided that any person elected to an office which has been decisred a full time office (other than the Secretary-Treasurer, who shall be elected for a period of two (2) years when elected on the first occasion, and for a period of six (6) years on re-election), or which has been declared a full time position of Organiser shall be elected for a term of office of two (2) years and for a term