Linsket, B.T., matter of an application for an inquiry into an election in the F.C.U. of Australia [1987] FCA 662
Federal Court of Australia
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"Jupemens 1: 662 (7-835
> IN THE FEDERAL COURT OF AUSTRALIA
Y ¢
QUEENSLAND DISTRICT REGISTRY
)
)
) NO. Q2 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
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 (22 July 1987); the matters there set out need not be
repeated.
On 22 July 1987 the further hearing of the matter was
adjourned at the request of all the parties in both this matter
and in matter No. Q3 of 1986. The two matters were closely
related and to some extent overlap although the irregularity found
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"torhave occurred in the present matter was not a matter raised in
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'watter No. Q3 of 1986. In that matter orders were also made on 13
October 1987 and reasons for judgment in it have been delivered
this day.
The orders made in the present matter were in the same
terms as those made in matter No. Q3 of 1986, save that the
present orders related to only twelve of the thirty offices named
in the orders made in matter No. Q3.
In the present matter the Court was not asked to
exercise its discretion against making any orders. However, on
other matters the submissions made were similar in both matters -
in particular as to the proposed orders under s. 165(3)(d)
modifying the operation of the Branch Rules. Accordingly the
present reasons should be read as if there were incorporated in
them the relevant part of the reasons delivered today in matter
No. Q3 of 1986.
I certify that this and the
preceding page is a true copy of the
Reasons for Judgment herein of the
Honourable Mr. Justice Keely.
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Dated: 30 October, 1987
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