Inquiry into the election in the Australian Postal & Telecommunications Union v Wilson, E.K. [1979] FCA 162

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organisation) - election material circulated to members of vnion 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 en clection in the AUSTRALIAN POSTAL AND 'TELECOMMUNICATIONS UNTON (Applicant - Edward keith WILSON).

NiS.W. No. 38 of 1979

SHEPPARD, J. Sydney

20th December, 1979

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INDUSTRIAL DIVISION

IN THE FEDERAL COURT OF AUSTRALIA

No. 38 of 1979

NEW SOUTH WALES DISTRICT REGISTRY

DATE OF ORDER: 20 December,

WHERE MADE: Sydney

IN THE MATTER of the Conciliation

and Arbitration Act, 1904

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

JUDGE MAKING ORDER: Sheppard, J.

THE COURT ORDERS THAT:

The application be dismissed,

ae et eth ta al Ne RE Ma MR et

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 JN THE MATTER of an inquiry into

an election in tne Austrslian Postal

20 December, 1979 SHEPPARD, J. JUDGMENT

This is an application by Edward Keith Wilson pursuant tc s.15° 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.