Application for an election inquriy in the Australian Workers Union by Robert Bob-Mack [1982] FCA 102

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CATCHWORDS '

Industrial Law - Inquiry into an election being conducted under s.170 of the Conciliation and Arbitration Act 1904 ~ irregularity alleged in nominations of member for position of organizer and other positions 1n South Australian Branch of the Australian Workers' Union - eligibility rule - "all persons appointed

officers of the Union shall be entitled to become and remain a member" —- amendment to eligibility rule and definition rule during currency of term of office as officer - prior election more than 4 years before date of application for inquiry into current election - validating sections of Act - prior election shall, for all purposes, be deemed to have been done in compliance with the rules -

Conciliation and Arbitration Act 1904 - Part IX, s.163, s.165 ~

s.171F; Federal Court of Australia Act 1976, s.21

IN _THE MATTER of an Application for an election inquiry under Part IX of the Conciliation and Arbitration Act 1904 in the Australian Workers' Union by Robert Bob~Mack

(S.A. No.13 of 1981)

Evatt J. Adelaide

26 May 1982

IN JHE FUDEVAL COURT OF AUSTRALIA

) ) ative PH AUSYPALIA DISVRICLE REGLIRY )§.A. No.13 of 1981 ) )

INDUSTRIAL DIVISION

IN THE MATTER of an Application

for an ejection inquiry under Part 1X of the Conciliation ond

Arbitration Act 1904 in the

Australian Workers' Union by

Robert Bob-Mack

26 May 1982 EVATT J.

REASONS FOR JUDGMENT

On 26 August 1981 the Industrial Registrar appointed under the Conciliation and Arbitration Act 1904 (the Act) referred to the Court an application dated 23 August 1981 lodged under s.159 of the Act by Robert Bob-Mack (the applicant) a member of the South Australian Branch (the Branch) of the Australian Workers' Union, (the organization), an organization of employees registered under the Act for an inquiry into an election for the filling of certain offices and positions in the Branch (s.159(4)). The said election is being conducted pursuant to s.170 of the Act by Graham John Carey