Federal Court of Australia
CATCHWORDS
Industrial Law - election inquiry - nomination for Branch council of secretary of State registered union - mle excluding persons
"employed by" State Union fram being "eligible to hold or continue to hold" office - whether person not eligible to "hold" office is
eligible for namination - whether person holding elected office of
secretary 1s "employed".
IN THE MATTER OF AN APPLICATION BY PETER RICHARD BRZYCKI FOR AN
INQUIRY INTO AN ELECTION IN THE ROYAL AUSTRALIAN NURSES FEDERATION SOUTH AUSTRALIAN BRANCH - S.A. No. 12 of 1984
Conciliation and Arbitration Act - Part 1X
CORAM : KEELY J.
DATE 24 AUGUST, 1984
PLACE ADELAIDE
Is
—
REVISED FROM TRANSCRIPT
IN THE FEDERAL COURT OF AUSTRALIA ) )
SOUTH AUSTRALIA DISTRICT REGISTRY ) S.A. No. 12 of 1984 )
INDUSTRIAL DIVISION )
IN THE MATTER OF AN APPLICATION BY PETER
RICHARD BRZYCKI FOR AN
INQUIRY INTO AN ELECTION IN THE ROYAL AUSTRALIAN
NURSES FEDERATION SOUTH AUSTRALIAN BRANCH
24 AUGUST, 1984 KEELY J.
EX TEMPORE REASONS FOR JUDGMENT
Peter Richard Brzycki (the applicant) is a member of the Royal Australian Nurses Federation (the Federation)
which is an organization of employees registered under the
Conciliation and Arbitration Act 1904 (the Act). He has
applied for an inquiry under Part IX of the Act into an alleged irregularity in or 1n connection with the election of & person to f111a casual vacancy in the office of a
Councillor on the Branch Council of the South Australian
Branch (the Branch) of the Federation. That office of
Councillor is referred to in some of the documents filed as
an "Ordinary Member of Branch Council". The election is being conducted under s. 170 of the Act by Mr. Carey,an
officer of the Australian Electoral Commission.
The certified Federal rules of the Federation prescribe (and set out in Schedule A) a set of Standard Branch Rules which govern every branch, subject to the right of each branch to make rules for its own internal management and to alter the Standard Branch Rules in so far as they apply to that branch. The application for an inquiry was referred to the Court by the Industrial Registrar under s. 159(4)(a) of the Act. A secret postal ballot for the vacant office has been conducted and the votes counted but the declaration of the poll has been restrained by order of
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