An Application by Howard, Laurence Francis for an inquiry into an election in the Slaters, Tilers and Roofing Industry Union of Victoria [1983] FCA 88

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a rn ets pen a enn - ——— - mn - - =

CATCHWORDS

Industrial Law - Reference by Industrial Registrar - Whether union rules prohibit member from nominating for election — Whether a member becomes unfinancial if payment of his union dues is wrongly

refused.

Conciliation and Arbitration Act 1904 (C'th) s.140(1)(c),

s.159(4), s.165(4).

IN THE MATTER of the Conciliation and Arbitration Act 1904

AND _IN THE MATTER of an application by Laurence Francis Howard for

an inquiry into an election in the Slaters, Tilers and Roofing

Industry Union of Victoria

AND IN THE MATTER of a reference of such application by the

.

Industrial Registrar to the Federal Court of Australia

CORAM: Keely J. 5 May, 1983

Melbourne

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"Catetentnee tata ert Anite lee Melia eee tee been tae

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY } V No. 12 of 1983 } )

INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act 1904

- AND IN THE MATTER of an Application by Laurence Francis Howard for an inquiry into an election in the Slaters, Tilers and Roofing Industry Union of Victoria

AND IN THE MATTER of a reference of such application by the Industrial Registrar to the Federal Court of Australia

5 MAY, 1983 KEELY J.

REASONS FOR JUDGMENT

This is an application under s. 159 of the Conciliation

and Arbitration Act 1904 (the Act) for an inquiry by the Court into an irregularity in or in connection with an election for the office of secretary of the Slaters, Tilers and Roofing Industry Union of Victoria (the union), which is an organization of employees registered under the provisions of the Act. The application has been referred to the Court by the Industrial Registrar under s. 159({4) of the Act. The returning officer, Michael Edward Small, an officer of the Australian Electoral

Office, was conducting the election as a result of a request