Jones, in the matter of an application for an inquiry relating to an election of an office in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (SA Branch) [2004] FCA 462

FEDERAL COURT OF AUSTRALIA

Jones, in the matter of an application for an inquiry relating to an election of an office in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (SA Branch) [2004] FCA 462 INDUSTRIAL LAW – registered organisation – election inquiry – whether candidate fulfilled eligibility requirements – whether candidate employed in an industry in or in connection with which the union is registered – whether candidate unable to obtain employment. Workplace Relations Act 1996 (Cth) Re Election in TWU (1992) 40 IR 245 followed The Queen v Holmes; Ex parte Public Service Association (NSW) (1977) 140 CLR 63 followed Rounsevell v Mitchell and Others (1968) 11 FLR 414 followed Re Election for Office in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 245 followed IN THE MATTER OF AN APPLICATION BY IAN JONES FOR AN INQUIRY RELATING TO AN ELECTION OF AN OFFICE IN THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION (SA BRANCH) S 61 OF 2004 LANDER J 20 APRIL 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 61 OF 2004

IN THE MATTER of an application by IAN JONES for an Inquiry relating to an election for office in the

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION (SA BRANCH) JUDGE: LANDER J

DATE OF ORDER: 20 APRIL 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Declare that the acceptance by the returning officer of the nomination for election for the office of South Australian Branch Secretary of the AFMEPKIU lodged by Paul Michael Noack on 24 February is void. 2. Declare that an irregularity has occurred in the election for the position of Branch Secretary in the South Australian Branch of the AFMEPKIU. 3. Direct the Industrial Registrar to make arrangements for the uncompleted steps in the election for the position of Branch Secretary of the South Australian Branch of the AFMEPKIU be completed on the basis of the valid nominations received. 4. Order that the inquiry be otherwise terminated. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.