Kanan, Joseph v Hawkins, M.A. & Anor [1979] FCA 98

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Il iE CEDERAL COURT OF AUSTRALIA

) ) INDUSTRIAL DIVISION ) No. 30 of 1979 ) )

NEW _SOUTEH WALES DISTRICT REGISTRY

IN THE MATTER of the conciliation and

Arbitration Act, 1904

AND IN THE MATTER of an application under s.141 of the said Act

BETWEEN JOSEPH KANAN

Applicant

AND M.A. HAWKINS and NOEL BATTESE

Respondents

/ DATE OF'ORDER: 14 September, 1979

WHERE MADE: Sydney

JUDGE MAKING ORDER: J.B. Sweeney J.

THE COURT ORDERS THAT:

The respondents and each of them perform and observe the rules of the Australian Postal and Telecommunications

Union by refraining from using the property, including the building owned by that Union and including any other resources and machinery and staff of the New South Wales branch of the Union to support, promote or defedt candidates or influence voters in the current election being conducted

in the New South Wales branch of the Union.

IN THE FEDERAL COURT OF AUSTRALIA

) ) INDUSTRIAL DIVISION ) No. 30 of 1979 ) )

NEW SOUTH WALES DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an application under s.141 of the said Act

BETWEEN JOSEPH KANAN

Applicant

AND M.A. HAWKINS and NOEL BATTESE

Respondents

14 September, 1979 J.B. SWEENEY J.

JUDGMENT:

I propose to deliver my oral judgment in this matter.

I would have preferred more time. JI would have preferred to wait until the transcript is available, but neither more time nor the transcript would have altered the views I have formed. They will show their effect, I suppose, in the completeness of my reasons, perhaps in the lack of elegance ef some of the phraseology, but since the election is in

progress I have thought it proper to give 'judgment as soon

as possible.

The application I have before me is one under s.141 of the Conciliation and Arbitration Act, 1904. It is brought by Mr. Kanan, who 1s a member and indeed an organizer of the