In the matter of an application by Fahey, F.J. for an inquiry into an election in the Electrical Trades Union of Australia South Australia Branch [1988] FCA 78

Li Ue vee {hte ts

QUDEMENT No, /O 7 GB

CATCHWORDS

INDUSTRIAL LAW - registered organization - unquiry into election - whether delegate to ALP Convention is an office "in a branch of the organization" - whether inquiry must continue where court not "satisfied that there is reasonable

ground for the application"

Conciliation and Arbitration Act 1904 ss. 159(1) & 159(4)(b)

IN THE MATTER of an application by FRANK JOHN FAHEY for an

inquiry into an election in the ELECTRICAL TRADES UNION OF

AUSTRALIA SOUTH AUSTRALIAN BRANCH (R No. 304 of 1987)

AND IN THE MATTER of a reference of such application by the

Industrial Registrar to the Federal Court of Australia.

NO. SA 4 OF 1987 18 FEBRUARY 1988. KEELY J.

MELBOURNE

u

s

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) Noa. SA 4 of 1987 ) )

INDUSTRIAL DIVISION

IN THE MATTER of an application by FRANK JOHN FAHEY for an inquiry unto an election in the ELECTRICAL TRADES UNION OF AUSTRALIA SOUTH AUSTRALIAN BRANCH

(R No. 304 of 1987)

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

18 FEBRUARY, 1988 KEELY J.

REASONS FOR JUDGMENT

(DELIVERED EX TEMPORE — REVISED FROM TRANSCRIPT)

The application for an inquiry was referred to the court by the Industrial Registrar under Part IX of the

Conciliation and Arbitration Act 1904 (the Act). It relates

to an election in the South Australian branch of the Electrical Trades Union of Australia (the Union); that election was completed on 30 September 1987, as appears from

the application.

"7

\

The court was told at an earlier stage that Mr. McCusker, on behalf of the union, wished to submit that there were no reasonable grounds for the application and accordingly that the court should not proceed with the inquiry (see s. 159(4)(b)). The matter was listed for mention last Monday, 15 February, 1988. On that occasion Mr. McCusker outlined in some detail to the court the submission that he would be making in support of his application that the inquiry should not continue; he cited some authorities