Wood, William Charles v The Federated Liquor & Allied Industries Employees Union of Australia [1977] FCA 80

IN TIE FEDERAL COURT

) ) OF AUSTRALIA ) W.S.% No. 15 of 1977: ) )

INDUSTRIAL DIVISION

IN THE MATTER OF -

THE CONCILIATION AND ARBITRATION ACT 1904

BETWEEN WILLIAM CHARLES WOOD Applicant "AND

THE FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES UNION OF

AUSTRALIA Respondent REASOWS FOR JUDGMENT DATE: 7 November, 1977 J.B. SWEENEY J.

This is an inquiry under s.165 of the Act into the election of General Secretary of the Federated Liquor and Alliga Industries Employees Union of Australia (the Union). Application was made for an inguiry after the completion of the election and the Registrar there, upon referred the application to the Court.

The election in question was conducted by the Australian Electoral Officer. Application was made by the Union that the election be conducted in accordance with s.170 of the Act and this was supported by a declaration in which the then acting General Secretary indicated the

Union's view that the election was required to be conducted ie

ee ee

et RR ee

cert ene ct ape a A RY ER RN A A RE ERC te LYE ANE TUE HOH

. .

under federal rule 11(3) by a secret postal ballot of the members of the Union. The Registry however appears to have taken the view that the election was one to be con- ducted at a federal council meeting and so,advised the Australian Electoral officer.

The question now posed is whether an irregularity occurred because the election was conducted among the members of the federal council only and not by a secret ballot of the members of the union.

Prior to 1975 the federal rules provided as

follows:

1. Rule 1i(g) provided that the General Secretary "shall be elected by council in the manner hereinafter provided".

2. Rule 11(h) then provided a manner of election by the federal council. It aid this by providing in rule 11 (c) for the appointment of a returning