Penhallurick, John Charles & Ors Application for an inquiry into an Election in the Transport Workers Union [1983] FCA 272

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IN THE FEDERAL COURT OF AUSTRALIA ) . QUEENSLAND DISTRICT REGISTRY ) No. Q2 of 1983 INDUSTRIAL DIVISION )

JOHN CHARLES PENHALLURICK AND ORS

Applicants

APPLICATION FOR AN INQUIRY INTO AN ELECTION IN THE TRANSPORT WORKERS' UNION

CORRIGENDUM

Amendment to the judgment of his Honour Mr Justice Fitzgerald

of 19 August 1933 ~

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CATCHWORODS

INDUSTRIAL - alleged arregularities in or in connection with elections for various positions within branch - use of misleading circulars - use of union resources in production and distribution of the circulars - whether conduct which does not fall within the definition of irregularity nonethtless

constitutes an irregularity for the purpose of s.165 of the

Conciliation and Arbitration Act.

Conciliation and Arbitration Act, ss. 4, 165

JOHN CHARLES PENHALLURICK AND ORS (Applicants) APPLICATION FOR AN INOUIPY INTO AN ELECTION IN THE TRANSPORT WORKERS' UNION

FITZGERALD J. BRISBANE 14 OCTOBER 1983

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTFY ) LD. Q2 OF 1983 INDUSTRIAL DIVISTON ° ° "

IN THE MATTER cof the Conciliation and Arbitration Act

AND IN THE MATTER of Application by JOHN CHARLES PENHALLURICK, GREGORY JOHN RAY, TREVOR RODNEY NEWTON, LEONARD EDWARD WARD and RONALD JAMES POTTER, for an Inquiry into an Election in the TRANSPORT WORKERS UNION OF AUSTRALIA

AND IN THE MATTER of a Reference of such applications by the Industrial Registrar to the Federal Court of Australia

ORDEF JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 14 OCTOBER 1983 WHERE MADE: BRISBANE

THE COURT DECLARES the elections completed in March 1983 to the offices of Branch Vice-President, Branch Secretary/Treasurer, Branch Trustees, Additional Federal Councillors, Branch Industrial Research Officer, Branch Organizer (Ipswich sub-branch), Branch Organizers (Brisbane sub-branch), Branch Committeemen, Brisbane Sub-branch Chairman, Brisbane Sub-branch Vice-Chairman, Brisbane Sub-branch Secretary and Brisbane Sub-branch Committeemen to the Queensland Branch of the Transport