In the matter of an application by Patrick James Brophy for an inquiry into an election in the Federated Clerks Union of Australia and in the matter of a reference of such application by the Industrial Registrar to the Federal Court of Australia 1987 FCA 288

TBE

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) No. Q 3 of 1986 ) INDUSTRIAL DIVISION )

IN THE MATTER of an application by Patrick James Brophy for an inquiry into an election in the Federated Clerks Union of Australia

(R No. 107 of 1986) AND IN THE MATTER of a

reference such application Oty the Industrial Registrar to the Federal Court of Australia

5 JUNE, 1987 KEELY J.

REASONS FOR JUDGMENT

This is an application by Patrick James Brophy (the applicant) for an inquiry under Part IX of the Conciliation and Arbitration Act 1904 (the Act) into alleged irregularities which he claims occurred in or in connexion with the 1985 Branch triennial election, the results of which were declared on 20 November 1985, (the election) for various offices (set out on page 1 of the application) including,-, -

iy those of the President, Vice-President and Secretary of the wv

Central and Southern Queensland Branch (the Bra

Federated Clerks' Union of Australia. The retur

for the election, which was conducted under s. 170 of the Act, was Mr. K. J. Fitzgerald, a member of the staff of the

Australian Electoral Commission.

Mr. Tracey appeared for the applicant and Mr. Crooke Q.C. appeared with Mr. Amerena for twenty-three persons, named in a list filed in the court on5S May 1987, which included Bernadette Callaghan, the Branch Secretary. On 16 December 1986, Spender J. granted leave to Mr. Fitzgerald to withdraw from these proceedings. The case was heard immediately after an application by Barry Trevor Linsket for an election inquiry into the election in respect of different offices (matter number Q 2 of 1986). By consent the material admitted in evidence in each matter was treated as being also

evidence in the other matter.

The application claimed that a very large proportion of the members of the Branch were not financial in accordance with the requirements of the Branch rules and were therefore not eligible to vote in the election in accordance with