Inquiry relating to elections for offices in the United Firefighters Union of Australia, Victorian Branch; Re Churchill [2001] FCA 469

FEDERAL COURT OF AUSTRALIA

Inquiry relating to elections for offices in the United Firefighters' Union of Australia, Victorian Branch; Re Churchill

[2001] FCA 469

INDUSTRIAL LAW – registered organisations – election inquiry – procedural defect in union rules – jurisdiction of electoral official to find procedural defect – error of law – jurisdictional error –collateral challenge to decision of electoral official – power of electoral official to impose voting system – irregularity in relation to election – whether union rules fail to provide for election by direct voting system – whether union rules are oppressive, unreasonable or unjust WORDS AND PHRASES – "irregularity", "procedural defects", "eligible to vote" Workplace Relations Act 1996 (Cth) ss 196, 197, 215, 223

Allen v Townsend (1997) 16 ALR 301 referred to Amalgamated Metals Foundry & Shipwrights Union, Re; Ex parte Adamson (1984) 4 FCR 319 cited Australian Journalists' Association, Re; Ex parte Nicholson (1990) 27 FCR 75 cited Boddington v British Transport Police [1999] 2 AC 143 followed Bragg, Re; Ex parte Australasian Society of Engineers, South Australian Branch (1985) 6 FCR 304 cited Brophy and Federated Clerks' Union of Australia, Re (1987) 78 ALR 561 cited Buck v Bavone (1976) 135 CLR 110 cited Bugg v Director of Public Prosecutions [1993] QB 473 not followed Cameron v Australian Workers' Union (1961) 2 FLR 45 considered Carter, Re; Federated Clerks Union of Australia, Victoria Branch, Re (No. 1) (1989) 32 IR 1 discussed Coal Miners' Industrial Union of Workers of Western Australia v Amalgamated Collieries of Western Australia Ltd (1960) 104 CLR 437 followed Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 followed Communications Workers' Union of Australia Postal and Telecommunications Branch, New South Wales, Re (1996) 67 IR 246 discussed Craig v State of South Australia (1995) 184 CLR 163 cited Doyle v The Australian Workers' Union (1986) 12 FCR 197 considered Edwards v Giudice (1999) 94 FCR 561 referred to Elections for Offices in Australasian Meat Industries Union, Re (1963) 5 FLR 260 cited Federated Ironworkers' Association of Australia v Commonwealth (1951) 84 CLR 265 applied Federated Liquor and Allied Industries Employees' Union of Australia, Re; Ex parte Huxtable (1979) 40 FLR 418 referred to Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 cited Flynn v Director of Public Prosecutions [1998] 1 VR 322 not followed Johns v Australian Securities Commission (1993) 178 CLR 408 referred to Jutte v Amalgamated Engineering Union, Australian Section (1967) 10 FLR 195 cited Keely, Re; Ex parte Kingham (1995) 129 ALR 255 followed Kelly v Amalgamated Metal Workers' and Shipwrights' Union (1981) 56 FLR 124 cited Lovell, O'Grady & James v Federated Liquor and Allied Industries Employees' Union of Australia (1978) 22 ALR 704 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Mitchell v R (1996) 184 CLR 333 cited Municipal Officers' Association of Australia v Lancaster (1981) 54 FLR 129 applied Ousley v R (1997) 192 CLR 69 followed Quietlynn Ltd v Plymouth City Council [1988] QB 114 not followed R v Commonwealth Industrial Court; Ex parte Amalgamated Engineering Union, Australian Section (Shearer's case) (1960) 103 CLR 368 applied R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407 applied R v Dunphy; Ex parte Maynes (1978) 139 CLR 482 cited R v Gray; Ex parte Marsh (1985) 157 CLR 351 cited Rennie v Australian Workers Union (1990) 34 IR 133 cited Roughan v Australasian Meat Industry Employees' Union (1992) 36 FCR 536 considered Rule v Australian Workers' Union (1985) 9 FCR 280 considered Vehicle Builders Employees' Federation of Australia (SA Branch), Re (1987) 13 FCR 350 cited Ward v Williams (1955) 92 CLR 496 cited