Application by Damien Stapleton for an Inquiry into an election for Offices in the Australian Theatrical & Amusement Employees Association [1983] FCA 254

CATCHWORDS

Industrial law - registered organization of employees - Inquiries

into Election for offices in Branch of organization - whether Industrial Registrar has power to delete part of an organization rule amendment submitted for his consent - whether the organization's rules providing that an unfinancial member on paying arrears remains unfinancial for

a further month is oppressive, unreasonable or unjust - whether the organization's rule providing that a member, to stand for office,

must have been continuously financial for the 12 months prior to nomination is oppressive, unreasonable or unjust - whether a

member "on deductions" becomes financial as from the time of deduction by the employer or only from the time of receipt of deductions by

the union office - whether a candidate for office who is financial

at nomination but becomes unfinancial during the ballot (and

where the rules are silent) can continue as a candidate.

Conciliation and Arbitration Act 1904 ss.139(4), 140(1) (c), 159, 165, 170, 170A and 171F

Application by Damien Stapleton for an Inquiry into an Election for

Offices in the Australian Theatrical and Amusement Employees Association (N.S.W. No.9A of 1982)

Application by George Ryan for an Inquiry into an Election for Offices in the Australian Theatrical and Amusement Employees Association

(N.S.W. No.28 of 1982)

Application by John David Weston for an Inguiry into an Election for

Offices in the Australian Theatrical and Amusement Employees Association (N.S.W. No.36 of 1982)

EVATT J.

31 August and 30 September 1983

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. No.9A of 1982 ) )

INDUSTRIAL DIVISION

IN THE MATTER of an application by Damien Stapleton for an inquiry into an election in the New South Wales Branch of the Australian Theatrical and Amusement Employees Association.