Application by Sheryl Mary Fewster for an inquiry into an election for Offices of the Western Australian Branch of the Australian Journalist Association [1980] FCA 142

CA'TCHWORDS Industrial law - election enquiry rules permitting statement by candidate "containing Association and journalistic history and place of employment ..." to accompany ballot paper - whether inclusion cf additional material as to candidates' policies permitted by rule - whether inclusion constitutes "icregularity"™ - whether 'the election may have been affected" - Conciliation and

Arbitration Act 1904 s.164(4)

Application by Sheryl Mary Fewster for an enquiry into

an election for officers in the Western Australian Branch of the Australian Journalists Association

(W.A. No. 6 of 1980)

Coram: Keely J. Place: Perth

Date: 17 October 1980

IN THE FEDERAL COURT OF AUSTRALIA }

WESTERN AUSTRALIA DISTRICT REGISTRY W.A. No. 6 of 1980

INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act 1904

and

IN THE MATTER of an enquiry into an election for officers in the Western Australia Branch of the Australian Journalists Association

BETWEEN; S. M. FEWSTER Applicant AND: P. F. SCORER and THE AUSTRALIAN JOURNALISTS ASSOCIATION Respondents

REASONS FOR JUDGMENT

17 October 1980 KEELY J.

This is an application by Sheryl Mary Fewster, a member of the Australian Journalists Association (the Association) for an enquiry by the Court into alleged irregularities in an election for committee members of the Western Australia Branch of the Association. Pursuant to a request made under s.170 of the Conciliation and Arbitration Act 1904 (the Act), the election was conducted by Mr P. F. Scorer (the returning officer), an officer employed in the Australian Flectoral Office and classified as executive officer, industrial ballots. The application for an enquiry was referred to the

Court by the Industrial Registrar pursuant to s.159(4)(a) of

the Act.

At the hearing the applicant appeared in person,

Mr Bercove appeared for the returning officer and Mr Nisbet appeared for the Association. Mr Nisbet informed the Court