Tanner, L.J. v. Hall, G.R. & Anor [1988] FCA 245

JUDGMENT Mo. PAS f BB...

CATCHWORDS

INDUSTRIAL LAW - rules of registered organization - election

being conducted by Electoral Officer under s. 170 of Conciliation and Arbitration Act - whether Act requires him to observe rules - whether Court has jurisdiction to give directions to him under s. 141 - whether his advertisement calling for nominations was "a step" in the election - whether his advertisemeent of the period of any necessary

ballot was "a step" in the election

Conciliation and Arbitration Act 1904

LINDSAY JAMES TANNER v GARY R. HALL & JOHN WILLIAM NELLOR

15 APRIL, 1988

V5 OF 1988 MELBOURNE KEELY J.

IN THE FED COURT OF AUSTRALIA ) )

VICTORIA ICT REGISTRY ) No. V 5 of 1988 ) )

INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act 1904 AND:

IN THE MATTER of LINDSAY JAMES TANNER

Applicant AND:

GARY __R. HALL and JOHN WILLIAM NELLOR

Respondents

15 APRIL, 1988 KEELY J. REASONS FOR JUDGMENT

On 7 April, 1988 a rule was granted calling upon the

first named respondent to show cause why an order should not

be made under s. 141 of the Conciliation and Arbitration Act 1904 (the Act). The order sought related to an election (the election) for certain offices in the Victorian Branch (the Branch) of the Federated Clerks Union of Australia (the Union), which is an organization of employees registered

under the Act. The election was being conducted by the first respondent, a member of the staff of the Australian Electoral

Commission - see s. 170(5) of the Act; he commenced leave on 31 March 1988, on which date the second respondent, another member of the staff, was "nominated Cby the Electoral Commissioner] to take over the conduct of the election from

31 March 1988".

Mr. B. J. Doyle, of counsel appeared for the second

named respondent, who was added as a respondent on his own

application and without objection by the applicant. Mr. Ian