Federated Liquor & Allied Industry Employees Union of Australia., Application by Shirley Mellor for inquiry into election in the [1986] FCA 668

CATCHWORDS

Industrial law - registered organization - election - inquiry

whether irregularities have occurred - duty of Court - agreed

findings as to irregularities ~- whether new election or new

ballot - form of orders - requirement of secret postal ballot.

Conciliation and Arbitration Act 1904, ss. 4, 133AA, 165, 171.

IN THE MATTER OF AN APPLICATION BY SHIRLEY MELLOR FOR AN INQUIRY INTO AN ELECTION IN THE FEDERATED LIQUOR AND ALLIED INDUSTRIES

EMPLOYEES UNION OF AUSTRALIA.

NO. 06 OF 1986

GRAY J.

BRISBANE

~ QAPR 1987

FEDERAL Coun: AUSTRALIA. OF

PRINCIP, REGISTRY

et.

26TH NOVEMBER 1986

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) No. 06 of 1986 }) )

INDUSTRIAL DIVISION

«

IN THE MATTER of an application by SHIRLEY MELLOR for an inquiry into an election in the FEDERATED

LIQUOR AND ALLTED INDUSTRIES EMPLOYEES UNION OF AUSTRALIA

JUDGE: GRAY J.

DATE: 26TH NOVEMBER 1986

EX TEMPORE REASONS FOR JUDGMENT

This election inquiry was adjourned on Monday 17th November 1986, to enable Messrs. Elton and Hardie, parties to the inquiry, to seek from the High Court of Australia an order nisi for prohibition and an order staying the proceedings in this

Court.

On 24th November, the inquiry resumed. Mr. Cooke appeared with Mr. Watson for the applicant and Mr. Bell and Ms. Que, candidates in the elections. Mr. Shaw 0.C. and Mr. Jerrard appeared for Messrs. Elton and Hardie, who were also candidates in the elections. Mr. Hanger 0.C. and Mr. Diehm appeared for the Australian Electoral Commission, an officer of which is

conducting the elections. Mr. Moore of counsel appeared for the

-2- Federated Liquor and Allied Industries Employees Union of

Australia, the organization in whose Queensland Branch the

elections have been conducted, until lunch-time on the first day,

*

after which his place was taken by Mr. Channell, solicitor for