In the matter of an application by William Robert Jacomb for an Inquiry relating to an election for office in the Australian Municipal Administrative Clerical and Services Union [2000] FCA 1891

FEDERAL COURT OF AUSTRALIA

In the matter of an application by William Robert Jacomb for an Inquiry

relating to an election for office in the Australian Municipal Administrative Clerical and Services Union

[2000] FCA 1891

INDUSTRIAL LAW – registered organisations – election inquiry – irregularity – whether non-financial members ineligible to vote participated in Union election – whether members correctly allocated to industry divisions - whether eligible members wrongly excluded from roll. Workplace Relations Act 1996 (Cth) ss 218, 223(1), 223(3), 223(4)

R v Gray; Ex parte March (1985) 157 CLR 351 at 367-368 followed Re Collins; Ex parte Hockings (1989) 167 CLR 522 at 525, 526, 531 referred to In the matter of an application by Morrison for an Inquiry relating to an election for office in the Automotive, Food, Metals, Engineering, Printing and Kindred Union, Food and Confectionary Division [2000] FCA 1896 at pars 8-17 referred to Re Patterson; Re Association of Railway Professional Officers of Australia (1987) 19 IR 373 at 383 referred to Re Australian Public Service Association, NSW Branch; Ex parte Johnston (1989) 31 IR 257 at 265-266 referred to Re Transport Workers Union of Australia, New South Wales Branch; Ex parte Edwards (1990) 33 IR 436 at 458 referred to Re Australian Timber and Allied Industries Union; Ex parte Black (1991) 39 IR 106 at 116-120 referred to Parker v Amalgamated Society of Carpenters and Joiners of Australia (1992) 43 IR 248 at 252-254 referred to

IN THE MATTER OF AN APPLICATION BY WILLIAM ROBERT JACOMB FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICE IN THE AUSTRALIAN MUNICIPAL ADMINISTRATIVE CLERICAL AND SERVICES UNION

V637 of 2000 WEINBERG J 22 DECEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V637 OF 2000

IN THE MATTER of an application by