Wall, in the matter of an inquiry relating to an election for an office in the Ansett Pilots Association [2000] FCA 1568

FEDERAL COURT OF AUSTRALIA

Wall, in the matter of an Inquiry Relating to an Election for an office in the Ansett Pilots Association [2000] FCA 1568 INDUSTRIAL RELATIONS – election inquiry – election for new office bearers – applicant nominated himself for position of office bearer – nomination not in form required by rules of relevant association – rules of association contemplated remedying errors in nomination – whether nomination a nullity or merely defective. INDUSTRIAL RELATIONS – election inquiry – applicant was office bearer – election for new office bearers – eligibility for nomination as office bearer dependent on position as member of committee of management – where annual general meeting purported to remove applicant from committee of management – applicant appointed to committee of management but had not assumed position at time of annual general meeting – timing of removal – whether removal effective. INDUSTRIAL RELATIONS – election inquiry – applicant was office bearer – election for new office bearers – eligibility for nomination as office bearer dependent on position as member of committee of management – where annual general meeting purported to remove applicant from committee of management – removal pursuant to notice to members – whether notice effective on position applicant held or position he might hold. Workplace Relations Act 1996 (Cth): ss 218, 219, 223 Hickson v Australian Electoral Commission (1997) 76 IR 127 followed Re Election for Office in Australian Building Construction Employees and Builders Labourers Federation (1978) 30 FLR 252 referred to Re Application by Shahid Naqvi (unreported, JB Sweeney J, 26 March 1981) referred to Re Australasian Meat Industries Union (unreported, Keely J, 19 July 1988) not followed Re Finance Sector Union of Australia (Insurance Employees Section); Re Hall (1994) 58 IR 19 referred to Johnson v Beitseen (1988) 41 IR 395 referred to