Mahony, Patrick John v Petie, Robert Dawson and Australian Bank Employees Union [1979] FCA 107

: CATCHWORDS

Industrial law - elections - challenge to rules of organization - rules silent as to inspection of electoral roll - right of candidates to inspect roll of members - meaning of "inspect" - duties of returning officer -

Jimtexin orders refused. Conciliation and Arbitration Act -

ss.140(1), 140(10) and 141.

Patrick John Mahony v. Robert Dawson Petie and Australian Bank

Employees Union

{ No.32 of 1979)

Coram: Evatt J. 12 September 1979

Sydney.

: ) INDUSTRIAL DIVISION ) No.32 of 1979

) NEW SOUTH WALES DISTRICT REGISTRY)

—",s ' IN TH: FEDERAL COURT OF AUSTRALTA)

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an application

under Section 140 and Section 141 of the said Act

Caveat email

BETWEEN: PATRICK JOHN MAHONY

Claimant

AND: ROBERT DAWSON PETIE AND

AUSTRALIAN BANK EMPLOYEES UNION

Respondents

~ "

EVATT J. 12 September 1979

sewer ee ne,

REASONS FOR JUDGMENT

At the present time elections are being conducted in the Australian Bank Employees Union (the organization), an organization registered under the Conciliation and Arbitration Act 1904 (the Act), for, inter alia, the positions of represent~ atives on the New South Wales division committee and delegates

padind Tage ae US eee, AES apy we

to federal conference pursuant to the rules, and in particular xr.15, of the organization.

Mr John Poole is the returning officer conducting the said election. He is not a member of the organization but it has been stated that he is a retired bank officer

who was for many years a member thereof.

tee

The claimant, Patrick John Mahony, is a member of the organization and 1s a candidate for two positions, namely

a New South Wales division committee man and a delegate to the federal conference.

F ceatenrdy bo tr

a

Net TAA EUR IT

| |

-— wee,

eee

2.

The affairs of the organization are managed by a conference, a federal executive, division committees and various officers of the division. The conference is the supreme legislative and governing body of the organization and consists of its officers together with delegates from divisions elected in accordance with the rules. The Givisions are provided for in the rules and in effect are branches of the organization in the various states or in any particular area which, by resolution of the conference or the federal executive, it is considered that