In the matter of an application by Janet Irene Lacey for an inquiry into an electyion in the Federated Clerks Union of Australia, Victorian Branch [1984] FCA 157

CATCHWORDS

Industrial law - election inquiry —- rejection of nomination - construction of rule relating to eligibility to nominate - history of certified rule - relevance of uncertified

amendment and of Industrial Registrar's suggested alteration

to wording.

IN THE MATTER OF AN APPLICATION BY JANET IRENE LACEY FOR AN

INQUIRY INTO AN ELECTION IN THE FEDERATED CLERKS' UNION OF

AUSTRALIA, VICTORIAN BRANCH

Conciliation and Arbitration Act 1904 - s. 159

CORAM : KEELY J.

DATE

8 JUNE, 1984

PLACE : MELBOURNE

= mt ee ree

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY }) V 23 of 1984 INDUSTRIAL DIVISION )

IN THE MATTER OF AN APPLICATION BY JANET IRENE LACEY EWR AN INQUIRY INTO AN ELECTIGN IN THE FEDERATED CLERKS" UNION OF AUSTRALIA, VICTORETAN BRANCH

8 JUNE, 1984 KEELY J.

REASONS FOR JUDGMENT-

This is an application under s.189 of the Conciliation

and Arbitration Act 1904 (the Act} for an inquiry by the Court

into an alleged irregulerity in or in connection with an election

for certain offices 1n the Victorian Brancm {the Branch) of the Federated Clerks' Union of Australia, which is an organization of employees registered under the Act. The "atfices" referred to are described in the application as those of "Cruncillors elected from the Sections". The application, dated 1L &pril, 1984, has been referred to the Court by the Industrial Registrar under s.159(4)

of the Act.

The returning officer, Mr. Gary Heil, an officer of the Australian Electoral Office, who was ceanducting the election pursuant to s.170 of the Act, decided that the period for nominations for the election should open on 5 March, 1984 and

close on 19 March, 1984. On that latter date Janet Irene Lacey

eR et et epnenes ae oe ete we ee ee ee ae ee

ee re te

2.

(the applicant) was a financial member of the union having paid her contributions on an annual basis in respect of the year ending 30 June, 1984. Her application for admission to membership was dated 24 March, 1983. On 16 March, 1984 she lodged with the returning officer a nomination form for tke office of Councillor from the Miscellaneous Section of the Branck, to which Section she was attached. The returning officer by teLegram sent on 23 March, 1984 rejected her nomination, saying that she had "not been a financial member for the period of twelve months immediately prior