McLeish, David v Dolan, Clifford Ormond [1979] FCA 4

we

C ATCHWORDS

Industrial law - election for offices in trade union (registered organisation) ~- election material circulated to members of

union paid for from union funds - breach of implied rule - whether irregularity within ss.4 and 165 of Conciliation and

Arbitration Act 1904 ~ held not such an irregularity.

Ballot papers not distributed to all members due to computer malfunction = held an irregularity within the meaning of the Act but, by reason of number of possible votes involved, not one which had or might have affected the result - Conciliation

and Arbitration Act 1904, ss.4, 159, 165(1) and (4).

IN THE MATTER of an inquiry into an election in the AUSTRALIAN POSTAL AND TELECOMMUNICATIONS UNION (Applicant - Edward keith WILSON).

N.S.W. No. 38 of 1979

SHEPPARD, J. Sydney 20th December, 1979

AUT eee ie em ee meer ee ee

IN THE FEDERAL COURT OF AUSTRALIA INDUSTRIAL DIVISION No. 38 of 1979 NEW SOUTH WALES DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an inquiry into an election in the Australian

Postal and Telecommunications Union Applicant - Edwara Keith #ilison

DATE OF ORDER: 20 December, 1979 WHERE MADE: Sydney JUDGE MAKING ORDER: Sheppard, J.

THE COURT ORDERS THAT:

The application be dismissed.

ae on

IN THE FEDERAL COURT OF AUSTRALIA INDUSTRIAL DIVISION No. 38 of 1979 NEW SOUTH WALES DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an inquiry into an election in the Australian Postal

and Telecommunications Union (Applicant - Edward Keith wilson)

20 December, 1979 SHEPPARD, J. JUDGMENT

This is an application by Edward Keith Wilson pursuant to s.159 of the Conciliation and Arbitration Act 1904. The applicant is a member of the Australian Postal and Tele- communications Union ("the A.P.T.U." or "the union"). An election for a number of offices in the union began on 3 September 1979 and concluded on 2 October 1979. It was conducted pursuant to s.170 of the Act by an officer of the Australian Electoral Office in Sydney.