O'Byrne v Panegyres [2003] FCA 1328

FEDERAL COURT OF AUSTRALIA

O'Byrne v Panegyres [2003] FCA 1328

WORKPLACE RELATIONS – organisations – democratic control – conduct of election – inquiry – exclusion of financial member from eligibility to contest certain offices – ruling by Returning Officer to that effect – rules specifying qualification of candidates for relevant offices imposing additional requirements to financial membership – additional requirements not met in the circumstances – no irregularity in ruling Workplace Relations Act 1996 (Cth) Sch 1B (ss 200, 201, 205, 206) LAURENCE SHANE O'BYRNE v EVANGELOS MICHAEL PANEGYRES, JAMES MURIE and COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ('CEPU') W170 of 2003 RD NICHOLSON J 19 NOVEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W170 OF 2003

BETWEEN: LAURENCE SHANE O'BYRNE

APPLICANT

AND: EVANGELOS MICHAEL PANEGYRES

FIRST RESPONDENT

JAMES MURIE

SECOND RESPONDENT

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ('CEPU')

THIRD RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 19 NOVEMBER 2003

WHERE MADE: PERTH

THE COURT DETERMINES THAT: No irregularity has happened in relation to the election by the CEPU, WA Divisional Branch, Electrical Division to the offices of (i) Divisional Branch Assistant Secretary and (ii) Divisional State Council, the results of which were declared on 24 July 2003, so far as irregularities were alleged in the application by the applicant for an inquiry dated 1 August 2003.

THE COURT CERTIFIES THAT: The applicant acted reasonably in applying for the inquiry into an election in the application dated 1 August 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.