In the Matter of an Application pursuant to Section 159 of the Conciliation and Arbitration Act 1904 as amended and In the Matter of The Australian Workers Union [1985] FCA 628

bls CATCHWORDS Industrial law - Conciliation and Arbitration Act - inquiry unto election irregularities - rule preventing members over 65 years standing for election - consideration of other

grounds not referred to in application.

Conciliation and Arbitration Act ss. 159, 168(2), 170

In the Matter of an Application pursuant to Section 159 of

the Conciliation and Arbitration Act 1904 as amended and In

the Matter of THE AUSTRALIAN WORKERS' UNION

Number S.A. 12 of 1985

Keely J.

Adelaide

18 December 1985

2.

related. The first was:-

"The action of the Returning Officer in indicating by the notice calling for nominations that he will reject nominations from persons aged 65 or older as

at the date lodgement of nominations was unlawful. "(sic)

The second alleged irregularity was:-

"The action of the Returning Officer in rejecting a nomination from a candidate over the age of 65

namely one James Doyle was unlawful..."

The applicant sought to support both of those allegations as to arregularities by contending that Rule 51l(c) of the certified rules of the union contravened s.140(1) of the Conciliation and Arbitration Act 1904, as amended (the Act). That contention was advanced in a separate application by the applicant in matter S.A. Number 11 of 1985 in which judgment was given on 11 December 1985 rejecting the applicant's contention as to that sub-rule; the reasons for judgment in that matter have just been delivered. Accordingly, that basis for the two irregularities alleged in

the present application has failed.

However, at the hearing, the applicant's solicitor advanced an additional submission. It was that Rule 20A of the certified rules of the union, when read in conjunction with Rule 13A, had the effect that the nomination of the applicant should have been accepted, even if Rule 51l(c) were