In the matter of an Application... for an inquiry into the Federated Clerks Union of Australia, South Australia Branch [1983] FCA 127

VA! 7 LOD

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IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) S.A. No-15 of 1981 ) )

INDUSTRIAL DIVISION

IN THE MATTER of an application under s.159 of Conciliation and Arbitration Act 1904 for an inquiry into an election in THE FEDERATED CLERKS UNION OF AUSTRALIA, SOUTH AUSTRALIAN BRANCH

EVATT J. 28 June 1983

REASONS FOR JUDGMENT

On 16 July 1981 Maureen Faye Hibbert, Michael James Knight, Michael Anthony Prichard, Alexander Milne Robertson, Frederick William Higgins and James Leslie Bailey as members of

the Federated Clerks Union of Australia, South Australian Branch (the Branch of the organization) lodged with the Industrial Registrar an application under Part IX of the Conciliation and Arbitration Act 1904 (the Federal Act) seeking an inquiry into the election of the Branch President, the Branch Deputy President, the Branch Vice-President and three Federal

Councillors of the Branch of the organization which had been

completed on 31 March 1981.

The Federated Clerks Union of Australia (the

organization) 1s an organization of employees registered under

the Federal Act. It has registered branches in the various

States of Australia including South Australia.

In the said election the first and fifth named applicants were candidates for two of the positions of Branch Federal Councillor; the second named applicant a candidate for the office of President; the third named applicant a candidate for the office of Branch Deputy President whilst the fourth named applicant was a candidate for the office of Branch Vice-President. None of the applicants was successful, the margins for each office other than Branch Federal Councillor being in the vicinity of 2 to 1 against in a total vote of some

2000 in respect of each office.

The application for such inquiry particularised 16