Noack, P. application by for an inquiry into an election in the Vehicle Builders Employees Federation of Australia S.A. Branch [1987] FCA 195

CATCHWORDS

INDUSTRIAL LAW ~ election inquiry - whether 2 votes in same _

envelope breaches secret ballot - whether "irregularity"

irregularities in that ballot papers issued to members ineligible to vote and not issued to members eligible to vote - meaning of words "result of election may have been

affected" - court's residual discretion

Conciliation and Arbitration Act 1904 s. 165(4)

Re Australasian Meat Industry Employees Union, Western

Australian Branch; Ex parte Ferguson (Toohey J. 5 November

1986 unreported) *

Application by PAUL MICHARL NOACK for an inquiry into an

election in the VEHICLE BUILDERS EMPLOYEES' FEDERATION OF

AUSTRALIA, SOUTH AUSTRALIAN BRANCH

No. SA 10 of 1986 KEELY J. MELBOURNE

23 APRIL, 1987

+

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIAN DISTRICT REGISTRY) No. SA 10 of 1986 ) )

INDUSTRIAL DIVISION

JUDGE MAKING ORDER DATE OF ORDER

WHERE MADE

IN THE MATTER of an application by PAUL MICHAEL" NOACK for an enquiry into an election in the Vehicle

Builders Employees Federation of Australia (South Australia Branch)

KEELY J.

oe

23 APRIL, 1987

oo

MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS THAT:

The election for the office of Assistant Secretary of the South Australian Branch of the Vehicle Builders Employees' Federation of Australia, the result in which was declared by the returning officer on 19

November 1986, be declared void.

Luis Cuevas, a person purporting to have been elected to the said office, be declared not to have been

elected.

Note:

The Industrial Registrar make arrangements for a new

election to be held for the said office.

There be liberty to apply.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

aX

IN THE FEDERAL COURT OF AUSTRALIA ) SOUTH AUSTRALIAN DISTRICT REGISTRY) No. SA 10 of 1986

) INDUSTRIAL DIVISION )

THE MATTER of an sppliceeion by PAUL MICHAEL