Fohmsbee v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [1999] FCA 487

FEDERAL COURT OF AUSTRALIA

Fohmsbee v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [1999] FCA 487 INDUSTRIAL LAW – Workplace Relations Act 1996 (Cth) - registered organisations – election inquiry - whether an irregularity in relation to an election to an office in the organisation – whether invalidity occurred in the management of the organisation - whether eligible to be admitted to organisation – whether invalidity in relation to admission to organisation - whether requisite continuity in financial membership – whether order ought to be made validating invalidity and negativing the consequences in law of invalidity Workplace Relations Act 1996 (Cth), ss 218, 253Q(3), 253ZD, 256, 257, 258, 250, 260, 261(6)

Re Federated Clerks Union of Australia; Ex parte Armstrong, (1986) 70 ALR 79, cited In the Matter of an Election for an Office in the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union of Australia (1998) FCA 1282, considered In the Matter of an Election for an Office in the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union of Australia [1998] FCA 1450, cited Forbes & Anor v Community and Public Sector Union, Western Australian Branch – SPSF Group [1998] FCA 1210, followed Re Inquiry into Election in Australian Buildings' Labourers Federation (1958) 3 FLR 405, cited Landeryou v Taylor & Others (1969) 15 FLR 147, cited Ransley v Australian Public Service Association (Fourth Division Officers) (Tasmanian Branch) (1985) 12 IR 55, cited Tierney v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union of Australia (1996) 137 ALR 312, considered Re Keely; ex parte Kingham (1995) 129 ALR 255, cited Cook v Crawford (1982) 62 FLR 34, cited Baillie v Tierney (1995) 63 IR 375, considered Geneff v Peterson (1986) 19 IR 40, followed K-Mart Australia v Commissioner of Taxation [1995] FCA 760, applied Re Healey; Re Inquiry into Election in Australian Workers' Union, South Australian Branch (1992) 40 IR 110, considered Gordon v Carroll (1995) 27 FCR 129, considered The Queen v Cawthorne; ex parte Public Service Association of South Australia Incorporated (1977) 17 SASR 321, cited Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257, cited Rounsevell v Mitchell (1968) 11 FLR 414, considered Federated Municipal and Shire Council Employees' Union of Australia v Melbourne Corporation (1919) 26 CLR 508, considered Pitfield v Franki (1970) 123 CLR 448, cited The Queen v Coldham; ex parte The Australian Social Welfare Union (1983) 153 CLR 297, considered Re Food Preservers' Union of Australia (1988) 79 ALR 138, cited ROBERT CLIVE FOHMSBEE v AUTOMOTIVE, FOOD METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION NG 894 of 1997 DOUGLAS CAMERON v AMANDA PERKINS NG 342 of 1998 AMANDA PERKINS v AUTOMOTIVE, FOOD METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION NG 672 of 1998