Ferguson, (in the matter of an application for election enquiry Australian Meat Industry Employees Union [1986] FCA 323

-7 Yel Ka 4

Practice and Procedure - election inquiry under Part IX of the

Conciliation and Arbitration Act - reasons for judgment delivered but judgment not entered - application by Union to re-open case to adduce further evidence - whether Court has power to re-open hearing - evidence sought to be adduced available at time of original hearing - criteria upon which power to re-open exercised - whether traditional criteria appropriate toa hearing in the

nature of an inquiry - extent of evidence which may be adduced

Federal Court Rules 0.1 r.10, 0.35 r.7, 0.36 rr.8-10, 0.48 Conciliation and Arbitration Act 1904 s.164(4)

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 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

No. WA 5 of 1986 No. WA 6 of 1986

TOOHEY J. PERTH 31 JULY 1986

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION

No. WA 5 of 1986 No. WA 6 of 1986

w~w~euewren

IN THE MATTER of the Conciliation and Arbitration Act 1904

and

IN THE MATTER of an application by GLENN WILLIAM FERGUSON for an Inquiry unto an Election in THE AUSTRALASTIAN 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

CORAM: TOOHEY J. 31 July 1986

REASONS FOR JUDGMENT On 10 July 1986 I handed down reasons for judgment in this inquiry, under Part IX of the Conciliation and Arbitration Act 1904 ("the Act"), into an election held by The Australasian Meat Industry Employees Union, Western Australian Branch ("the Union"), an organization registered under the provisions of the