Federal Court of Australia
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. SA 3 of 1986
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INDUSTRIAL DIVISION
IN THE MATTER OF ~the Conciliation and
Arbitration Act, 1904
AND IN THE MATTER OF an Application by DORIANO TAM for an Inquiry into an Election for an office in the AMALGAMATED METAL WORKERS UNION
KEELY J. 8 OCTOBER, 1986
EX TEMPORE REASONS FOR JUDGMENT
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MR P, MOLONEY: I appear for the applicant, Mr Tam, in
this matter.
MR P. McCUSKER: I appear on instructions of Freeman Turner,
the solicitors for the union.
HIS HONOUR; What are your submissions in this matter?
REPORTED 2 NOT TRANSCRIBED
HIS HONOUR: In this matter, the Industrial Registrar on
21 March 1986 was satisfied that there were:
Reasonable grounds for an inquiry into the question of whether there hawbeen irregularities in or in connection with the electiorg for zone representatives to state conference (of the SA branch of The Amalgamated Metal Workers Union]
That view was based upon his conelusion that the returning officer had erred in rejecting the nomination of Doriano Tam for one of those Positions. Mr Tam is the applicant in these proceedings. The Industrial Registrar considered the information in the application and, after
having inquiries made, he reached the conclusion that the:
Errors in reconciling payments by
Mr Tam with the relevant quarterly periods resulted in him being found ineligible to be a candidate.
and, accordingly, the nomination had been wrongly rejected. The court has been told that since the applications first came before the court there have been discussions between the legal representatives of the applicant on the one
hand and of other interested parties on the other. Today the parties have all been represented before the court namely, one,
The Amalgamated Metal Workers Union; two, The Amalgamated Metal Workers Union (South Australian Branch); three, the returning officer,
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