Prezbel Pty Limited, in the matter of an application for an inquiry relating to an election for offices in the Australian Hotels Association, New South Wales Branch [2003] FCA 242

FEDERAL COURT OF AUSTRALIA

Prezbel Pty Limited, in the matter of an application for an inquiry relating to an election for offices in the Australian Hotels Association, New South Wales Branch [2003] FCA 242 WORKPLACE RELATIONS – inquiry under s 218 of Workplace Relations Act 1996 (Cth) – inquiry into alleged irregularity in election of delegates to Council of Australian Hotels Association, New South Wales Branch – proper interpretation of rules of Association – meaning of 'nominate as Delegates'- grammatical analysis – context of rule – whether person nominated must be financial member or nominated representative of financial member - whether a person may nominate himself or herself

WORDS AND PHRASES – 'nominate', 'nominate as Delegate'

Workplace Relations Act 1996 (Cth)ss 218, 223

FAI General Insurance Co Limited v McSweeney (1997) 73 FCR 379 cited Amalgamated Society of Engineers v Smith (1913) 16 CLR 537 followed

Meehan and Tulloch, Grammar for Lawyers, Butterworths, 2001 PREZBEL PTY LIMITED v AUSTRALIAN ELECTORAL COMMISSION N 105 of 2003 WILLIAM CURTEIS & CO PTY LIMITED v AUSTRALIAN ELECTORAL COMMISSION N 106 of 2003 BRANSON J 24 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 105 of 2003

BETWEEN: PREZBEL PTY LIMITED

APPLICANT

AND: AUSTRALIAN ELECTORAL COMMISSION

RESPONDENT

N 106 of 2003

BETWEEN: WILLIAM CURTEIS & CO PTY LIMITED

APPLICANT

AND: AUSTRALIAN ELECTORAL COMMISSION

RESPONDENT

JUDGE: BRANSON J

DATE: 24 MARCH 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 Each of Prezbel Pty Limited and William Curteis & Co Pty Limited applied to the Court under s 218 of the Workplace Relations Act 1996 (Cth) ('the WRA') for an inquiry into an alleged irregularity in relation to the election of officers, namely delegates to Council of the Australian Hotels Association, New South Wales Branch ('the Association'). The Association is an organisation registered under the WRA. 2 On 27 February 2003 I declared, in respect of each application, that I was satisfied that there was reasonable ground for the application. I fixed not before 12.00 noon on 14 March 2003 as the time for conducting the inquiry and the Federal Court of Australia, Queens Square, Sydney as the place for the inquiry. Directions were given to ensure that all persons who are or may be justly entitled to appear at the inquiry were notified of the time and place fixed for the inquiry. 3 At the commencement of the inquiry appearances were announced on behalf of the applicants, the Australian Electoral Commission, certain of the members of the Executive Committee of the Association and Mr John Thorpe, President of the Association. I was satisfied that the applicants, the Australian Electoral Commission and each of the individuals on whose behalf an appearance was announced was justly entitled to appear at the inquiry. They are to be taken to be parties to the proceedings before me.