Health Services Union of Australia and the Health Services Union of Australia no 1 Branch, in the matter of an Inquiry Relating to an Election for an Office [2000] FCA 160

FEDERAL COURT OF AUSTRALIA

Health Services Union of Australia and Health Services Union of Australia Victoria No 1 Branch In the Matter of an Inquiry Relating to an Election for an Office [2000] FCA 160

INDUSTRIAL LAW - validity of Court's determination to institute inquiry into union elections - analysis of jurisdictional criteria - significance of alleged and antecedent irregularities by returning officer - relevance of officer's authority to disregard union rules to avert irregularity. Re Carter; Federated Clerks Union of Australia, Vic (No 1) (1989) 32 IR 1, referred to Workplace Relations Act 1996 (Cth) ss 4(1), 215, 218, 219, 223

IN THE MATTER OF AN ELECTION FOR OFFICERS IN THE HEALTH SERVICES UNION OF AUSTRALIA AND IN THE VICTORIA (NO 1) BRANCH OF THE HEALTH SERVICES UNION OF AUSTRALIA V 528 OF 1999 V 540 OF 1999 MOORE, KIEFEL AND MARSHALL JJ MELBOURNE 25 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V528 OF 1999

V540 OF 1999

IN THE MATTER OF AN ELECTION FOR OFFICERS IN THE HEALTH SERVICES UNION OF AUSTRALIA AND IN THE VICTORIA (NO 1) BRANCH OF THE HEALTH SERVICES UNION OF AUSTRALIA

JUDGES: MOORE, KIEFEL & MARSHALL JJ

DATE: 25 FEBRUARY 2000

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave to appeal is refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V528 OF 1999

V540 OF 1999

IN THE MATTER OF AN ELECTION FOR OFFICERS IN THE HEALTH SERVICES UNION OF AUSTRALIA AND IN THE VICTORIA (NO 1) BRANCH OF THE HEALTH SERVICES UNION OF AUSTRALIA

JUDGES: MOORE, KIEFEL & MARSHALL JJ

DATE: 25 FEBRUARY 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT

MOORE & MARSHALL JJ 1 This is an application for leave to appeal against a judgment of Ryan J of 19 November 1999 answering in the affirmative a preliminary question of law namely whether the Court had jurisdiction to undertake inquiries instituted by Mr Robert Elliott (V 528 of 1999) and Mr Daniel Gillespie (V 540 of 1999). The inquiries concern elections to be held in 1999 for offices in the Health Services Union of Australia ("the HSUA") and one of its branches ("the branch"). Both applicants made application under s 218 of the Workplace Relations Act 1996 (Cth) ("the Act"). They did so against a background of an application having been made in February 1998 (VG 46 of 1998) alleging irregularities in an election in the branch conducted in 1997. Matter VG 46 of 1998 was in Ryan J's docket though the substantive hearing of that inquiry had not commenced as at 19 November 1999. 2 While this application for leave to appeal is brought by six individuals who presently hold office in the HSUA, the prosecution of the application for leave was, in substance, undertaken by the returning officer, an officer of the Australian Electoral Commission ("AEC").