Re Election for Office in the Construction, Forestry, Mining and Energy Union; Ex parte Sutton [2002] FCA 971

FEDERAL COURT OF AUSTRALIA

Re Election for Office in the Construction, Forestry, Mining and Energy Union; Ex parte Sutton

[2002] FCA 971

INDUSTRIAL LAW – registered organisations – inquiry into election of National Assistant Secretary of CFMEU – alleged irregularity – where Returning Officer accepted nomination of individual not chosen by resolution from the National Conference of a Division – construction of rules of CFMEU

Workplace Relations Act 1996 (Cth) ss 219, 223 Re Churchill (2001) 109 FCR 104 referred to

RE ELECTION FOR OFFICE IN THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION; EX PARTE SUTTON N 494 OF 2002 GYLES J SYDNEY 31 JULY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 494 OF 2002

RE ELECTION FOR OFFICE IN THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION; EX PARTE SUTTON

JUDGE: GYLES J

DATE OF ORDER: 31 JULY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The calling for and acceptance of nominations for the office of National Assistant Secretary of the Construction, Forestry, Mining and Energy Union should be declared void. 2. The Industrial Registrar is directed to make arrangements for the calling of nominations and for all other steps in the election to be taken. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 494 OF 2002

RE ELECTION FOR OFFICE IN THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION; EX PARTE SUTTON

JUDGE: GYLES J

DATE: 31 JULY 2002

PLACE: SYDNEY