Reid, in the matter of an application for an inquiry relating to elections for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2007] FCA 417

FEDERAL COURT OF AUSTRALIA

Reid, in the matter of an application for an inquiry relating to elections for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2007] FCA 417

INDUSTRIAL LAW – registered organisation – election – nomination – whether valid – each applicant nominated for multiple offices in elections – rule prohibiting nominations in any election for more than one office – whether rule applies to concurrent elections for multiple offices – whether nominations subsequent to nomination received first in time invalid – whether all multiple nominations invalid – whether nomination received last in time brought about implied surrender of prior nominations – principle of surrender by implication – whether returning officers had power to decline to accept withdrawals of nominations – whether withdrawal of subsequent nominations could revive invalid nomination received first in time

WORDS AND PHRASES – "election"

Federal Court of Australia Act 1976 (Cth) s 21(1) Workplace Relations Act 1996 (Cth) Sch 1 ss 142(1)(c), 143(1)(c), 143(5), 189(3), 193(1)(b)(i), 200, 206(4)(c), 206(5), 324, 325(1), 329

Rules of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union rr 4.6, 5.5

Re Thomas and South Australian Branch of the Australian Workers' Union (unreported, Federal Court of Australia, Keely J, 11 June 1992) considered Campbell v Bogar (unreported, Full Court of the Industrial Relations Court of Australia, Ryan, Moore and North JJ, 3 July 1996) considered Re Bogar and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Food and Confectionery Division (unreported, Federal Court of Australia, North J, 28 August 1998) considered Egan v Maher [No. 2] (1978) 35 FLR 252 followed Mellor v Horn (1988) 25 IR 157 followed Johnson v Beitseen (1989) 41 IR 395 followed Re Cholosznecki; Re Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union [2006] FCA 452 (2006) 151 IR 218 followed Iron Ship Coating Co Ltd v Blunt (1868) LR 3 CP 484 cited Tropical Traders Ltd v Goonan (1964) 111 CLR 41 cited Sargent v ASL Developments Ltd (1974) 131 CLR 634 cited Australasian Meat Industry Employees Union v Troja (unreported, Federal Court of Australia, Keely J, 19 July 1988) cited Hickson v Australian Electoral Commission (1997) 76 IR 127 cited Australian Electoral Commission v Hickson (1997) 76 IR 399 cited Re Wall; Re inquiry relating to an election for an office in the Ansett Pilots Association [2000] FCA 1568 (2000) 102 IR 379 cited