Application by Frank Maguire for an Inquiry into an Election in the Livestock & Gain Procedures (Industrial) Association of N.S.W. [1981] FCA 83

IN THE FEDERAL COURT OF AUSTRALIA }

NEW SOUTH WALES REGISTRY No, 1 of 1981

INDUSTRIAL DIVISION ) IN THE MATTER of the Conciliation and Arbitration Act 1904 AND IN THE MATTER of an Application

by Prank Maguire for an Inquiry into an Election in THE LIVESTOCK AND GRAIN

PRODUCERS' (INDUSTRIAL) ASSOCIATION F NEW SOUTH WALES

AND IN THE MATTER of a Reference of such Application by the Industrial Registrar to the Federal Court of

Australia

CORAM: SHEPPARD J 12 June, 1981

REASONS FOR JUDGMENT

This is an application made pursuant to the provisions of s.168(2) of the Conciliation and Arbitration Act 1904. The

sub-section provides:

"Where upon an inquiry the court does not find that any 1urregularity has occurred but certifies that the person who applied for the inguiry acted reasonably in so applying, the Attorney-General may authorise payment by the Commonwealth to that person of the whole og any part of his costs and expenses, including expenses of witnesses."

The inquiry referred to includes an inquiry into the holding of an election in a registered organisation pursuant to s.159 of the Act.

The applicant in this matter applied for such an inquiry

an application which was filed on 30 December, 1980. The matter was mentioned on two or three occasions for directions and on 1 June last 1t was withdrawn by consent.

The respondent to the application was the Livestock and Grain Producers! (Industrial) Association of New South Wales. It is a registered organisation of employers under the Act. It 1s associated with another corporate body, namely, the Livestock and Grain Producers! Association of New South Wales. That body is a company incorporated under the Companies Act 1961 of the State of New South Wales, limited by guarantee.

It has been the practice apparently for some time for the company to hold an annual conference of its members in Sydney. At the time that this conference is held, the usual practice 1s for there to be a meeting also of the industrial organisation. In 1980 there was prepared a set of agenda papers entitled "Annual Conference Agenda", These contained on the opening page an agenda which indicated that, amongst other things, there would be held an annual general meeting of the company and a general meeting of the industrial organisation. It was scheduled to take place at 4 p.m. on 10 July, 1980.