Communications, Electrical Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Communications Division, in the matter of an Inquiry Relating to an Election for Offices [2003] FCA 739

FEDERAL COURT OF AUSTRALIA

Communications, Electrical Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Communications Division, in the matter of an Inquiry Relating to an Election for Offices [2003] FCA 739 IN THE MATTER OF AN APPLICATION BY LLOYD HARRIS FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICES IN THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS DIVISION V358 OF 2003 MARSHALL J 22 JULY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V358 OF 2003

IN THE MATTER OF AN APPLICATION BY LLOYD HARRIS FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICES IN THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS DIVISION

JUDGE: MARSHALL J

DATE OF ORDER: 22 JULY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The inquiry be terminated.

THE COURT CERTIFIES THAT:

The applicant acted reasonably in applying for the inquiry. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V358 OF 2003

IN THE MATTER OF AN APPLICATION BY LLOYD HARRIS FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICES IN THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS DIVISION

JUDGE: MARSHALL J

DATE: 22 JULY 2003

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 These reasons for judgment should be read together with the reasons for judgment in CEPU v Harris [2003] FCA 737, which was published immediately before the publication of these reasons. 2 The Court would have found that irregularities had occurred with respect to the election, the subject of the inquiry, but for the making of the validation orders in CEPU v Harris. Consequently it is appropriate, in the absence of any other alleged irregularity not cured by the validation orders, to order that the inquiry be terminated. It is also appropriate to certify that the applicant acted reasonably in applying for the inquiry. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.