Inquiry relating to elections for offices in the United Firefighters Union of Australia, Victorian Branch; Re Churchill [2001] FCA 608

FEDERAL COURT OF AUSTRALIA

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

[2001] FCA 608

INDUSTRIAL LAW – election inquiry – irregularity found – whether new election should be held – modification of rules Workplace Relations Act 1996 (Cth) – s 223(1)(c)

Kelly v Amalgamated Metal Workers' and Shipwrights' Union (1981) 56 FLR 124 not followed IN THE MATTER OF AN INQUIRY RELATING TO ELECTIONS FOR OFFICES IN THE UNITED FIREFIGHERS' UNION OF AUSTRALIA, VICTORIAN BRANCH V 687 of 2000

FINKELSTEIN J MELBOURNE 25 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 687 of 2000

IN THE MATTER OF AN INQUIRY RELATING TO ELECTIONS FOR OFFICES IN THE UNITED FIREFIGHERS' UNION OF AUSTRALIA, VICTORIAN BRANCH

JUDGE: FINKELSTEIN J

DATE OF ORDER: 25 MAY 2001

WHERE MADE: MELBOURNE

THE COURT FINDS that an irregularity has happened in relation to the election of: (a) John Fowler to the position of "Branch Committee of Management/ Firefighter/MFESB" on the Victorian Branch Committee of Management of the United Firefighters' Union of Australia; (b) Dean Gould to the position of "Branch Committee of Management/Officer/ MFESB" on the Victorian Branch Committee of Management of the United Firefighters' Union of Australia; (c) Dave Hamilton, Graeme Kellett and Danny Ward to the respective positions of "Branch Trustees" of the Victorian Branch Committee of Management of the United Firefighters' Union of Australia ("the said positions"). THE COURT DECLARES that the election in respect of the said positions is void and of no effect. THE COURT ORDERS THAT: (a) Save for the requirement of calling for fresh nominations for the said positions, a new election be held in respect of the said positions. (b) The present holders of the said positions continue to hold such office until a declaration of the results of the new election. THE COURT DIRECTS the Industrial Registrar to make arrangements to conduct a fresh election in respect of the said positions, there being no requirement to call for fresh nominations therefor. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.