Matter of an application by Shirley Mellor for an Inquiry into an election in the Federated Liquor & A.I.E.U. of Australia [1987] FCA 191

CATCHWORDS

Industrial law - registered organization - election - new ballot - roll of voters - private addresses of financial members unknown - whether proper to delete from roll -

whether to send ballot papers by certified mail.

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

27TH MARCH 1987

FEDERAL coy, AUSTRALIA OK

PRINCI REGIShAT

IN THE FEDERAL COURT OF AUSTRALTA

) ) QUEENSLAND DISTRICT REGISTRY ) No. O06 of 1926INDUSTRIAL DIVISION ) IN THE MATTER of an application by SHIRLEY MELLOR for an inquiry unto an election in the FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES UNION OF AUSTRALIA JUDGE: GRAY J. DATE: 27TH MARCH 1987

EX TEMPORE REASONS FOR JUDGMENT

On 26th November 1986, the Court found in this inquiry that irregularitzes had occurred in or in connection with the elections for the offices of State Secretary/Treasurer and Assistant State Secretary in the Queensland Branch of the Federated Liquor and Allied [Industries Employees Union of Australia, and made certain orders in consequence of that finding, and in conSequence of being satisfied that the results of the elections may be affected by those irregularities. The orders involved the conduct of a fresh balict between the existing candidates.

Certain of the orders were in the following terms:

"3. The persons eligible to vote be members of the Federated Liquor and Allied Industries Employees Union un its Queensland branch who are financial in accordance with the rules as at 2e November 1986.

-2-

4. The roll of voters for such fresh ballot be prepared in the following manner:-— (a) omor before 24 December 1986 the State President