Federal Court of Australia
SZ2
CATCHWORDS Industrial law - registered organizations - whether power to
conduct inquiry into election validly conferred on court -
judicial power of Commonwealth.
Conciliation and Arbitration Act 1904, Part IX, s. 4(1)
Acts Interpretation Act 1901, s. 15A Federal Court Rules 0. 33, R. 3
Commercial Causes Act 1910-1972 (Qld.), 3. 4(4)(b)
Supreme Court Rules (Victoria)
Re Application by Adamson for an inguiry into an election in the Amalgamated Metals Foundry and Shipwrights Union (Federal Court of Australia, Gray J., 17th June 1985, unreported)
Re Gray; Ex Parte Marsh (1985) 62 A.L.R. 17
Kelly v. Amalgamated Metal Workers' and Shpwrights' Union (1981) 56 F.L.R. 124
Leary v. Austr an Builders' Labourers' Federation (1961) 2 F.L.R. 342
Murine Eye Remedy Co. v. Eldred £1926] V.R. 425 R. v. Davison (1954) 90 C.L.R. 353
IN THE MATTER OF AN APPLICATION BY SHIRLEY MELLOR FOR AN INQUIRY INTO ELECTIONS IN THE QUEENSLAND BRANCH OF THE FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES UNION OF AUSTRALIA Ane ih! 1 . ~
, GRAY J.
BRISBANE 17TH NOVEMBER 1986.
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. Q 6 of 1986 ) INDUSTRIAL DIVISION )
IN THE MATTER of an application by
SHIRLEY MELLOR for an inquiry into elections in the Queensland Branch of the FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES UNION OF AUSTRALIA
JUDGE: GRAY J. DATE: 17TH NOVEMBER 1986
REASONS FOR JUDGMENT
On 15th September 1986, the Industrial Registrar referred to the Court an application by Shirley Mellor for an inquiry into elections for the positions of Secretary/Treasurer and Assistant Secretary in the Queensland Branch of the Federated
Liquor and Allied Industries Employees Union of Australia. The
particulars of alleged irregularities in the application are in
the following terms:
"Ll. Ballot papers belonging to members who had left their place of employ and who had given the place of employment as the address to which ballot papers were sent had been collected by
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