In the matter of application by Saska Poposki for an Inquiry in relation to an election for offices in the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 1190

FEDERAL COURT OF AUSTRALIA

In the matter of an application by Saska Poposki for an Inquiry in relation to an election for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 1190

INDUSTRIAL LAW - inquiry into election for office of delegate to the State Council of organisation - whether nominee for office was a financial member of the organisation at the time of his nomination - whether member of organisation who changes her or his occupation to one which falls outside the eligibility rule of such an organisation automatically ceases to be a member of the organisation, absent any provision within the rules of such an organisation requiring that result, thereby preventing such a member from nominating for office Workplace Relations Act 1996 (Cth) ss218, 219(b) Re Beitsen [2000] FCA 307 referred to

R v Gray; ex parte Marsh (1985) 157 CLR 351 applied

Bailey v Krantz (1985) 13 IR 339 followed

Ransley v APSA (1985) 12 IR 55 referred to

Turner v The Australasian Coal and Shale Employees' Federation and Elcom Collieries Pty Ltd (1984) 6 FCR 177 applied

Re Prichard (1985) 12 FCR 66 followed

Re McGee (1992) 41 IR 27 referred to

IN THE MATTER OF AN APPLICATION BY SASKA POPOSKI FOR AN INQUIRY IN RELATION TO AN ELECTION FOR OFFICES IN THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION V 425 & V 426 of 2000 MARSHALL J MELBOURNE 21 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 425 of 2000

IN THE MATTER OF AN APPLICATION BY SASKA POPOSKI FOR AN INQUIRY IN RELATION TO AN ELECTION FOR OFFICES IN THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

JUDGE: MARSHALL J