In the Matter of an application by Maureen Faye Hibbert & Ors for an inquiry into an election for offices in the Federated Clerks Union of Australia [1983] FCA 189

CATCHWORDS

Industrial Law - registered organization - inquiry into election for offices in organization - dual registration of "Branch" - whether election conducted in accordance with federally certified "Branch" rules - meaning of "irregularity" in the conduct of an election - whether numbering of ballot papers constitutes an irregularity - eligibility rule - meaning of "engaged in a clerical capacity"

Conciliation and Arbitration Act 1904 ss.133(1), 133AA, 139{4), 140, 141, 159, 160, 163, 164, 165, 170A, 171D, 171F and 171G Conciliation and Arbitration Regulations Regs. 128, 136C and

Part VAA

In the matter of an application by Maureen Faye Hibbert and Others for an inquiry unto an election for offices in the Federated

Clerks Union of Australia

S.A. No.15 of 1981 EVATT J.

Adebaide

28 June and 29 July 1983

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA 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 inquiry into an election

an in

THE FEDERATED CLERKS UNION OF

AUSTRALIA, SOUTH AUSTRALIAN BRANCH

ORDER

JUDGE MAKING ORDER: EVATT J.

DATE OF ORDER: 29 July 1983

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: Pursuant to s.165 of the Conciliation and Arbitration Act

1904 (the Act)

(1)

(2)

(3)

(4)

The Court declares the election conducted

for the officesof Deputy President, Vice President and three Federal Councillors of

the Federated Clerks Union of Australia,

South Australian Branch and completed on

31 March 1981, to be void.