Ferguson, G.W. (matter of application., inquiry in AMIEU (WA)) [1986] FCA 488

Industrial jaw - election inquiry under Ft [a of Conciliation and

Arbitration Ack - alleqation thar persons ineligible to vate issued with ballot papers - canstruction of elidgibilitv rule - 110 members to whom ballot papers 1ssued found ineligible to vote -

whether result of election affected

Conciliation and Arbitration Act 1904 5.165

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 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

5 NOVEMBER 1986

Sy \ Rar,

ceed

tes

.

IN THE PODERAL COURT OF AUSTRALTA

WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DEVISION

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

IN THE MATTER of the Conciliation and Arbitration Act 1904

and

IN THE MATTER of an application bv GLENN WILLIAM FERGUSON for an Inquiry into an Election in THE AUSTRALASTAN 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. 5 November 1986

REASONS FOR JUDGMENT:

On 10 July 1986 IT handed down reasons for judgment in

this inquiry, under Pt 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 Act.

On the basis of findings made as to irregularities which

had occurred in connection with the election and the likelihood that similar irregularities had occurred. I concluded that the

election should be declared void.

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