Cox, Noel Robertson, G.A. & Ors [1980] FCA 100

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CATCHWORDS

Industrial Law - Registered Organization - Rules - Election of officers - commencement of elections ~ under what rules elections conducted ~ interpretation of rules ~ implie'd resignation

from office by subsequent nomination for office - Conciliation and Arbitration Act 1904 ~ ss.141 and 133(1) (db)

NOEL COX -v- G.A. ROBERTSON & ORS

(No.17 of 1980)

Coram: Evatt J.

', 2S July 1980

Sydney

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

INDUSTRIAL DIVISION

No.17 of 1980

eee ws

BETWEEN: NOEL COX Applicant

AND: G.A. ROBERTSON, B.J. WILLINGALE,

JOHN MILLER, W.J. PATTERSON,

W.J. STANNARD, A.5. HURRELL,

P. FOWLER, M.F. MATTHEWS,

D.V. COMBER, D. MCCLURE,

A. DENT, G. GRIFFITHS, H. DENGATE,

. A.G. SCHURR, J.C. EASTMAN, R. DALLEMOLLE, R.H. SINCLAIR,

E. SULLIVAN, K.J. STAPLETON, K. HOPKINS, A.J. WHITE AND

The Australian Federated Union of Locomotive Enginemen Respondents

ORDER

JUDGE MAKING ORDER: EVATT J.

DATE OF ORDER: 4 July 1980

WHERE MADE: SYDNEY

THE

THE

COURT ORDERS THAT:(1)The personal respondents and each

of them perform and observe the rules of the Australian Federated Union of Locomotive Enginemen by taking steps to call for nominations for the offices of New South Wales Divisional Secretary and New South Wales Assistant Divisional Secretary of the Australian Federated Union

of Locomotive Enginemen, and by conducting a ballot for those two offices so that the said ballot can be declared at or about the expiration of the three year term of office of the present occupants of the respective offices.

COURT DIRECTS: (2)The first named respondent Mr Robertson the New South Wales Divisional returning officer to advertise in accordance with the rules of the organization the calling of nominations for the two offices, nominations to be accepted from 9 a.m. 11 July 1980 and closing at 4 p.m. 13 October 1980 and that should a ballot be required for the filling of