Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Industrial Law – Registered organisation – election inquiry – whether candidate fulfilled eligibility requirements – whether full-time salaried officer of the Union was "engaged in a full-time office in the Union after having been elected or temporarily appointed thereto" – whether full-time salaried officer of the Union within the description of "employees … who have been appointed officers of the Union…"
Conciliation and Arbitration Act 1904 (Cth), s 132 Workplace Relations Act 1996 (Cth), ss 4, 195(1)
R v Dunlop Rubber Australia Limited & Others; Ex parte Federated Miscellaneous Workers' Union of Australia (1956) 97 CLR 71 cited The Queen v Watson; Ex parte Australian Workers' Union (1972)128 CLR 77 cited Re Inquiry into Election in Australian Builders' Labourers Federation (1958) 3 FLR 405 cited Landeryou v Taylor & Others (1969) 15 FLR 147 cited Troja v Australasian Meat Industry Employees' Union (Victorian Branch) (1978) 46 FLR 340 cited Ransley v Australian Public Service Association (Fourth Division Officers) Tasmanian Branch (1985) 12 IR 55 cited
Matter No. SG 64 of 1998 APPLICATION FOR AN ENQUIRY RELATING TO AN ELECTION
IN THE MATTER OF AN ELECTION FOR AN OFFICE IN THE AUTOMOTIVE FOOD METALS ENGINEERING PRINTING AND KINDRED INDUSTRIES UNION
VON DOUSSA J
ADELAIDE
12 OCTOBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 64 of 1998
application for an enquiry
relating to an election
IN THE MATTER of an election for an office in the automotive food metals engineering printing and kindred industries union
JUDGE: VON DOUSSA J
DATE OF ORDER: 12 october 1998
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application for an inquiry under section 218 of the Workplace Relations Act 1996 (Cth) be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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