Wilson, Henry Edward & Ors v application for inquiry into an election in the Amalgamated Metal Workers & Ship Wright Union [1980] FCA 28

ar

CATCHWORDS

industrial law - whether provisions of union rule requiring notification of election in union Journal mandatory or directory - held provision mandatory with the result that steps taken towards the holding of an election for the position of Joint National Secretary invalid and of no

effect.

HENRY EDWARD WILSON , JOHN P. DEVEREUX & ORS.

ADRIAN HART v. JOHN P. DEVEREUX & ORS.

RODERICK TERENCE KELLY v. JOHN P. DEVEREUX

and IN THE MATTER of an application for an Inquiry into an election in THE AMALGAMATED METAL WORKERS! AND SHIPWRIGHTS' UNION. Nos. 3, 4, 6 and 7 of 1980

SHEPPARD J.

Sydney

13th March, 1980

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY Nos. 3 and 4 of 1980 INDUSTRIAL DIVISION

In the matter of -

THE CONCILIATION AND ARBITRATION ACT 1904°5° i —CS=si'_T.:—" aS

ACT 1 BETWEEN HENRY EDWARD WILSON Appellant and JCHN P, DEVEREUX & ORS. Respondents AND BETWEEN ADRIAN HART Appellant

and JOHN P. DEVEREUX & ORS

Respondents

DATE OF ORDER: 13th March, 1980 WHERE MADE: Sydney

JUDGE MAKING ORDER: Sheppard, J. ORDER :

1. Order that the following question be tried as a separate

question from any other question in these proceedings:

Whether the provisions of Rule 12 sub-rule 2 of the Rules of the fifth Respondent requiring a notice of election to be published in the Union Journal was complied with in relation to the election for the position of Joint National Secretary the subject of these proceedings, and if not, what is the consequence of such non-compliance.

1.

1A. Determine that question by saying that the provisions

of rule 12.2 of the Union Rules were not complied with in that no notice of the election was published in the Union Journal. The consequence of that non-compliance is that any purported election, which was held, any purported nomination which was received, and any other step taken towards the holding of an