In the matter of an application by Ferguson, Glenn William for an inquiry into an election in the Australasian Meat Industry Employees Union Western Australian Branch and in the matter of a reference of such application by the Industrial Registrar to the Federal Court of Australia [1986] FCA 272

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Industrial law - alleged irreqularities in conduct of union

election - application for an inquiry under Part IX of Conciliation and Arbitration Act - allegation that members ineligible to vote issued with ballot papers - construction of eligibility rule - waiver by union of contributions of members involved in prolonged industrial dispute - whether waiver lawful - effect of waiver on eligibility to vote - allegation of common authorship of a number of ballot papers - conflicting evidence of handwriting experts - completion bv election candidate of more

than one ballot paper - involvement of election candidate in distribution, collection and posting of ballot papers - action taken with authority of members in question - whether "irreqularities" in terms of the Act - members elected to position of representatives from small-qoods and bacon curing area employed as slaughtermen in abattoir at smali-gqoods factory - whether "normally employed in the small-qoods and bacon curing manufacturing area" in terms of the rules - whether eligible to stand - 94 members to whom ballot papers issued found ineligible to vote - real possibility that other members to whom ballot papers issued also ineligible - whether result of election affected - whether Court has a residual discretion not to avoid élection where result of election affected by irregularities

Conciliation and Arbitration Act 1904 ss.4, 159, 165, 167

IN THE MATTER of the Conciliation and Arbitration Act 1904

and

IN THE MATTER of an application by GLENN WILLIAM FERGUSON for an Inquiry into an Election in THE AUSTRALASTAN MEAT INDUSTRY EMPLOVEES, UNTON, WESTERN AUSTRALIAN BRANCH

and

IN THE MATTER of a reference of such Application by the Industrial Registrar to the Federal Court of Australia