In the matter of the Federated Clerks Union of Australia In the matter of an application for Jack Lawler Rayner for an inquiry into elections in the Federated Clerks Union of Australia, Victorian Branch [1983] FCA 100

(CO

TN THR FEDERAT COUR™Y OF AUSTRATTA

\ ) VICTORTA DISTRICT PEGISTRY ) Ve. Mo. 37 of 1927 ) )

INDUSTRIAL DTIVTISTON

IN THE MATTER of the Tederated Clerks Union of Australia, an organization of employees under the Conciliation and Arbitration Act of 3904

and

IN THE MATTER of an application by Jack Lawler Rayner for an inquiry into elections in the Federated Clerks Union of Australia, Victor1an Branch

CORAM: Northrop J.

DATE OF ORDFR: 24 May 1983

WHERE MADE: Melbourne ORNDEP

Y Pod

THE COURT DECLARES THAT the elections held in 1°°2 to the

offices o* annual state conference deleqate and state councillor to the Victorian Branch of the Federated Clerks Union of Australia from the shipping section of that Pranch

are declared void.

IN THE FEDERAL COURT OF AUSTRALTA

VICTORIA DISTRICT REGISTRY V. No.?7 of 1982

ower

INDUSTRIAL DTVISTON

IN THE MATTER of the Federated Clerks Union of Australia, an organization of emplovees under the Conciliation and Arbitration Act of 19N4

and

IN THD MATTER of an application by Jack Lawler Rayner for an inquiry into elections in the Federated Clerks Union of Australia, Victorian Branch

CORAM: Northrop J. DATE: 30 May 1983 WHERE MADE: Melbourne

REASONS FOR JUDGMENT

The Court is inquiring into the question of whether an irregularity occurred in or in connection with an election for the offices. of state conference deleaate and state councillor respectively under the rules of the Federated Clerks Union of Rustralia, Victorian Branch, "the Branch";

see s.165 of the Conciliation and Arbitration Act 1904, "the

Act". Jack Lawler Rayner, the applicant, had Jodaed an

application for an inquiry with the Industria] Reqistrar;

s.J59(7% and £9) of tho Act, Tre Tnductrial Pearstrar

referred the matter to the Court under s.169 of the Act. Thereupon the inquiry was instituted in the Court; s.161 of the Act; see also s.J1R8A(1) of the Act and s.19 Federal Court of Australia Act 1976. At the inquiry counsel appeared on behalf of the anplicant and one counsel appeared on hehalf of Mr. J. D. Cameron (the secretary of the Branch), Mr. R. Brown and Mr. K. Cook (heing persons who nominated for the offices the subject of the inquiry), Mr. T. IH. Ryan (the returning officer conducting the election), and the Federated Clerks Union of Australia, "the Federation", all of whom are hereinafter referred to as "the respondents".