Matter of an Application by Linsket, B.T. for inquiry into an election in the F.C.U of Australia [1987] FCA 407

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CATCHWORDS

INDUSTRIAL LAW - registered organization - whether Industrial Registrar has power to delete part of organization rule

amendment submitted for his consent.

Conciliation and Arbitration Act 1904 ss. 139(4), 159

Re Stapleton (1983) 50 ALR 293 Allen and Ford v Laragy and Others (1975) 7 ALR 261

IN THE MATTER of an application by BARRY TREVOR LINSKET for an inquiry into an election in the FEDERATED CLERKS UNION OF

AUSTRALIA (CENTRAL AND SOUTHERN QUEENSLAND BRANCH)

NO. Q2 OF 1986 KEELY J.

MELBOURNE

22 JULY, 1987

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IN THE FEDERAL COURT OF AUSTRALTA

QUEENSLAND DISTRICT REGISTRY No. Q 2 of 1986

INDUSTRIAL DIVISION

IN THE MATTER of an application by Barry Trevor Linsket for an

inquiry into an election in the Federated Clerks Union of Australia

(R No. 113 of 1986)

AND IN THE MATTER of a reference Of such application by the Industrial Registrar to the Federal Court of Australia

22 JULY, 1987 KEELY J.

REASONS FOR JUDGMENT

This is an application by Barry Trevor Linsket (the applicant) for an inquiry under Part IX of the Conciliation and Arbitration Act 1904 (the Act) into alleged irregularities which he claimed occurred in or in connexion with the 1985 triennial election (the election) for District Representatives on Branch Council from three different districts of the Central and Southern Queensland Branch (the Branch) of the Federated Clerks' Union of Australia (the Union). The returning officer for the election, which was conducted under s. 170 of the Act, was Mr. K. J. Fitzgerald, a member of staff of the Australian Electoral Commission, who

declared the results of the election on 20 November 1985.

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The applicant claimed that the nominations of himself and two other members as candidates for election as District Representatives on Branch Council (the three nominees) had