Brophy, P.J. Inquiry into an election in the F.C.U. of Australia matter for an application [1987] FCA 661

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IN THE FEDERAL COURT OF AUSTRALIA ) )

QUEENSLAND DISTRICT REGISTRY ) NO. Q3 of 1986 ) )

INDUSTRIAL DIVISION

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

(R No. 107 of 1986)

AND IN THE MATTER of a

reference of such application by - the

Industrial Registrar to the Federal Court of Australia

30 OCTOBER, 1987 KEELY J.

REASONS FOR JUDGMENT

On Tuesday, 13 October 1987, the court made certain

orders under s. 165(3)(d) of the Conciliation and Arbitration Act

1904 (the Act) and reserved the delivery of its reasons for making those orders. Those reasons are now given and are to be read in the light of the reasons for judgment delivered earlier in this matter (5 June 1987); the matters there set out need not he

repeated.

In the hearing on 12 and 13 October 1987 Mr. Amerena, of counsel, on behalf of 23 persons who were referred to as the respondent Branch Officials, advanced reasons why the court, in the exercise of its discretion, should refrain from making the

orders sought. He supported his submission by reference to the

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objects of the Act, the "practicability" of the situation and the length of the time since the election the subject of the present enquiry. He pointed out that, if it were ordered that a new election be held in accordance with a particular time-table (which contained dates and times agreed to by all parties to the proceedings and the Australian Electoral Commission), the persons

elected in that new election would only hold office for

approximately 8 months.

He relied upon the cost to the Branch if the court ordered a new election, including both the time which would be spent by Branch officials in connexion with the preparation of a voters' roll and the resultant interference with the normal activities of the Branch. He conceded that the extent to which he could rely on those matters was "somewhat weakened" by the fact that, in any event, 1t would be necessary to prepare a voters' roll for the election to be held in respect of 12 of the 30 offices in question ~ by reason of the proceedings in matter