Kelly, in the matter of an application for an inquiry in relation to an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (No 2) [2011] FCA 490

FEDERAL COURT OF AUSTRALIA

Kelly, in the matter of an application for an inquiry in relation to an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (No 2) [2011] FCA 490 Citation: Kelly, in the matter of an application for an inquiry in relation to an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (No 2) [2011] FCA 490

Party: GRAEME PAUL KELLY

File number: NSD 479 of 2011

Judge: FLICK J

Date of judgment: 13 May 2011

Catchwords: INDUSTRIAL LAW – irregularity in forthcoming election – reasonable grounds for the application – onus upon applicant - an inquiry to be held

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth),ss 166, 200, 201, 205, 206

Cases cited: Asmar, Re, in the matter of an election for offices of the Health Services Union [2009] FCA 1294, cited Australian Education Union v Lawler [2008] FCAFC 135, 169 FCR 327, considered Jarman, Re; Ex parte Cook (No 2) (1996) 136 ALR 233, referred to Kelly, Re, in the matter of an application for an inquiry in relation to an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union [2011] FCA 416, cited Killesteyn, Re, in the matter of an application for an inquiry in relation to offices in the Australian Salaried Medical Officers' Federation (Qld) [2009] FCA 1311, 261 ALR 730, considered Nimmo, Re [2011] FCA 38, considered Post, Re, in the matter of an election for offices in Transport Workers Union of Australia (WA) (1992) 40 IR 162, cited Purvinas, Re, in the matter of an application for an inquiry in relation to an election for offices in the Australian Licensed Aircraft Engineers Association [2010] FCA 672, considered Tracey, R, 'The Legal Approach to Democratic Control of Trade Unions' (1985) 15 Melbourne University Law Review 177