Rivers, in the Matter of an Application for an Inquiry Relating to an Election for an Office in The Shop Distributive & Allied Employees' Association, South Australian Branch [2004] FCA 711

FEDERAL COURT OF AUSTRALIA

Rivers, in the Matter of an Application for an Inquiry Relating to an Election for an Office in The Shop Distributive & Allied Employees' Association, South Australian Branch [2004] FCA 711 INDUSTRIAL LAW – inquiry into election – honorary members – whether honorary members are eligible to stand for office

Workplace Relations Act 1996 (Cth) Re Election for Office in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 245 applied Egan v Harradine (1974-75) 6 ALR 507 applied Bielski v Oliver (1958) 1 FLR 258 applied Rounsevell v Mitchell (1968) 11 FLR 414 Ransley v Australian Public Service Association (1985) 12 IR 55 applied Re Mellor; Re Federated Liquor & Allied Industries Employees Union of Australia (1986) 17 IR 402 cited Re an Application by John Rajan Thomas for an Inquiry into an Election in the South Australian Branch of the Australian Workers' Union (1992) 35 AILR 46 cited LYNETTE PATRICIA RIVERS & MAREE DORENE APPELKAMP, IN THE MATTER OF AN INQUIRY RELATING TO AN ELECTION FOR AN OFFICE IN THE SHOP DISTRIBUTE & ALLIED EMPLOYEES' ASSOCIATION, SOUTH AUSTRALIAN BRANCH S 101 of 2004 MANSFIELD J 8 JUNE 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 101 OF 2004

BETWEEN: LYNETTE PATRICIA RIVERS & MAREE DORENE APPELKAMP, IN THE MATTER OF AN APPLICATION FOR AN INQUIRY IN RELATION TO AN ELECTION FOR AN OFFICE IN THE SHOP DISTRIBUTE & ALLIED EMPLOYEES' ASSOCIATION, SOUTH AUSTRALIAN BRANCH

APPLICANTS

JUDGE: MANSFIELD J

DATE: 8 JUNE 2004

PLACE: ADELAIDE

REASONS FOR JUDGMENT

INTRODUCTION 1 On 18 May 2004 the applicants applied for an inquiry into an election for the office of Assistant Secretary in The Shop Distributive & Allied Employees' Association, South Australian Branch (the Branch). I shall call the Shop Distributive & Allied Employees' Association 'the Organisation'. The application was made under s 200 of Sch 1B of the Workplace Relations Act 1996 (Cth) (the Act). The irregularity which was alleged is the acceptance by the returning officer for the office of Assistant Secretary of the Branch of the nomination of Stephen Robert Campbell (Mr Campbell) when it is claimed that he was not eligible to stand for the office under the Rules of the Branch. The acceptance of a nomination which is not validly made under the rules of an organisation may constitute an irregularity in the conduct of the elections: Re Election for Office in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 245 (the TWU case). 2 Section 200(1) entitles a member of an organisation to make such an application. I am satisfied that the applicant, Lynette Patricia Rivers, is a member of the Branch, and indeed has been a member of its executive committee for six years. It is unnecessary to make a finding in the circumstances as to the status of the applicant, Maree Dorene Appelkamp, but I note that there does not appear to be any evidence showing her to be a member of the Branch. 3 On 21 May 2004, having regard to the information then available to me, I was satisfied that there were reasonable grounds for the application. I accordingly fixed 28 May 2004 as the date for conducting the inquiry, and gave directions for service of the relevant material upon Mr Campbell, and upon the National Secretary of the Organisation, as well as other directions appropriate to ensure that all persons who are or may be entitled to appear at the inquiry were notified of it. 4 At the hearing, apart from counsel for the applicants, counsel appeared for the returning officer and for the National Secretary of the Organisation. Mr Campbell did not appear. It is clear from evidence adduced at the hearing that he was aware of the hearing and that he had chosen not to participate in it. 5 At the completion of the hearing, I declared that the acceptance by the returning officer of the nomination for election for the office of Assistant Secretary of the Branch lodged by Mr Campbell on 5 May 2004 is invalid, and I declared that an irregularity had occurred in the election for that office of the Branch by the acceptance of the nomination. I directed that the returning officer make arrangements for the uncompleted steps in the election to be completed on the basis of the valid nominations received by no later than 6 July 2004. I otherwise ordered that the inquiry be terminated. These are my reasons for those orders.