In the matter of an application pursuant to s 171 C of the Conciliation and Arbitration Act 1904 by the Professional Radio and Electronics Institute of Australasia [1979] FCA 41

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IN THE FEDERAL COURT OF AUSTRAITA

INDUSTRIAL DIVISION Wo. 4 of 1979

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NEW _SOUTH WALES DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arhitration Act, 1904

AND IN THE MAT'TER of an application pursuant to Section 171c of the said Act by THE PROFESSIONAL RADIO AND ELECTRONICS' I*XSTITUTE OF AUSTRALASTA

JUDGE MAKING ORDER: J.B. Sweeney J.

WHERE MADE: Sydney THE COURT ORDERS THAT:

The order 1s refused and the application is dismissed.

IN THE FEDERAL COURT _OF AUSTRALIA

) ) INDUSTRIAL DIVISION ) No. 4 of 1979 ) )

NEW SOUTH WALFS DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an application pursuant to Section 171lc of the said Act by THE PROFDSSIONAL RADIO AND ELECTRONICS' INSTITUTE OF AUSTRALASIA

J.B. SWEENEY J. 9 May, 1979

This is an application by the Professional Radio and Electronics! Institute of Australasia ("the Institute"), an organization of employees registered under the Commonwealth Conciliation and

Arbitration Act, 1904 ("the Act").

The application is brought under s.171lc of the Act and seeks

a determination of the question whether an invalidity occurred in elections in the organization of divisional secretaries and one divisional representative in October, 1978. A further order is sought that 1f an invalidity 1s found the persons

then declared elected should occupy the positions of divisional secretary and divisional representative respectively until a further election 1s held at the end of 1979 for the positions. At a later stage of the proceedings a third order was sought that the consequences in law of the invalidity resulting from

the presence of the persons so clected invalidly and their

participation in the 1979 annual federal congress and the

consequential absence of a quorum at the congress be negatived.