The Conciliation and Arbitration Act 1904 An Application by O'Brien, Philip Anthony for an Inquiry into an Election in the Administrative and Clerical Officers Association, Commonwealth Public Service A Reference of such Application by the Industrial Registrar to the Federal Court of Australia [1979] FCA 144

vu We Copyright in the Commonwealth Government

IN THE FEDERAL COURT OF AUSTRALIA

Industrial Division

No. 37 of 1979

In the matter of -

THE CONCILIATION AND ARBITRATION ACT 1904

And in the matter of -

AN_ APPLICATION BY PHILIP ANTHONY O'BRIEN FOR AN INQUIRY INTO AN ELECTION IN THE ADMINISTRATIVE AND CLERICAL OFFICERS ASSOCIATION, . COMMONWEALTH PUBLIC SERVICE

And in the matter of -

A_REFERENCE OF SUCH APPLICATION

BY THE INDUSTRIAL REGISTRAR TO THE FEDERAL COURT OF AUSTRALIA

Coram: SHEPPARD J

TRANSCRIPT _OF PROCEEDINGS

AT_SYDNEY ON TUESDAY, 11 DECEMBER 1979, AT 10.15 A.M.

(Continued from 10/12/79)

PV/VB/la 28 11/12/79 O'Brien

HIS HONOUR. This 1s the determination of a preliminary point raised by counsel for one Paul Munro to the jurisdiction of the court to proceed with this inguiry. The application itself is one made pursuant to section 159 of the Conciliation and Arbitration Act 1904. The applicant, Philip Anthony O'Brien, claims that there has been an irregularity in or 1n connection with an election for the office of federal secretary of the Administrative and Clerical Officers Association, Commonwealth Public Service. An election for that office was held pursuant to section 170 of the act on 23 March 1979. Mr Munro was the successful candidate.

Section 170 of the act provides for the

conduct, at the request of an organization or a

ranch thereof, of an election by the Industrial Registrar or a deputy industrial registrar or another officer employed in a registry. Alternatively the Industrial Registrar may make arrangements with the chief Australian Electoral Officer for the conduct of the election by an Australian electoral officer or one of the other classes of person referred to

in section 170(5). The election was conducted by an Australian electoral officer.

The claim made by the applicant is not based upon any complaint as to the manner in which the ballot itself was conducted but is founded upon allegations that the New South Wales branch of the organization unlawfully provided assistance to Mr Munro in support of his campaign to be elected. Section 159(3) of the act provides: