Nimmo, in the matter of an application for an inquiry relating to an election for an office in the Australian Education Union (NT Branch) [2011] FCA 38

FEDERAL COURT OF AUSTRALIA

Nimmo, in the matter of an application for an inquiry relating to an election for an office in the Australian Education Union (NT Branch) [2011] FCA 38 Citation: Nimmo, in the matter of an application for an inquiry relating to an election for an office in the Australian Education Union (NT Branch) [2011] FCA 38

Parties: STEPHEN GRAEME NIMMO

File number: NTD 33 of 2010

Judge: REEVES J

Date of judgment: 3 February 2011

Catchwords: INDUSTRIAL LAW – application for inquiry relating to an election under s 200 of the Fair Work (Registered Organisations) Act 2009 (Cth) ("the Act") – consideration of who bears burden of proof under s 206(2) of the Act – whether an irregularity occurred with respect to non-receipt of ballot papers of 21 members – interpretation of s 6(b) of the Act and what constitutes a departure from that section – some departure from a norm governing the election is required to breach s 6(b) of the Act – whether an irregularity occurred with respect to period chosen for the election given the remote locations of certain members – whether Union members were improperly removed from voting roll constituting an irregularity – the timing of removal must relate to the election – consideration of whether irregularities would affect election result – there must be a real and not merely theoretical possibility the irregularity affected the election result – voting patterns and participation rates in the election taken into consideration Held that the mere non-receipt of ballot papers did not constitute an irregularity – while certain members received ballot papers too late, and some were improperly removed from the voting roll, neither constituted an irregularity that, as a real possibility, would have affected the result of the election.