Federal Court of Australia
BAS
CATCHWORDS - _ Industrial law - registered organization ~ election - arrears of contributions ~ power to cancel - presumption against retrospectivity -
whether applicable to rules.
Conciliation and Arbitration Act 1904
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. Q6 OF 1986
on
Gray J. 4 Woe, BRISBANE | ~ J JUL 1987 \ FEDERAL COURT OF 15TH MAY 1987 "canctray REGISTRY
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IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. '06 of 1986 ry. INDUSTRIAL DIVISION )
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
JUDGE: GRAY J. DATE: 15th May 1987.
REASONS FOR JUDGMENT
The short point to be decided in this case is whether a resolution passed on 15th April 1987 by the Queensland Branch Committee of Management of the Federated Liquor and Allied
Industries Employees Union of Australia (" the organization"), to
cancel arrears of contributions of certain members, has
retrospective effect so as to make those members financial as at
26th November 1986.
On 26th November 1986, the Court found that irregularities had occurred in or in connection with the elections for the offices of State Secretary/Treasurer and Assistant State Secretary/Treasurer in the Queensland branch of
the organization. The Court declared the ballot conducted in and
te pe en ne ee nee '
wye me e oe
arn er ee we ge ee
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about July 1986 in those elections void and directed the conduct
of a new ballot. Directions were given as to how the new ballot
should be conducted. Among those directions was the following:
a7
"3. The persons eligible to vote be members of the Federated Liquor and Allied Industries Employees Union of Australia in its Queensland branch who are financial in accordance with the rules as at 26 November 1986." Following those directions and others subsequently given, a roll of voters has been prepared. The ballot opened on lst April. It was to close on 30th April but was extended to
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