Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union [2012] FCA 1242

FEDERAL COURT OF AUSTRALIA

Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union [2012] FCA 1242 Citation: Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union [2012] FCA 1242

Parties: DIANA ASMAR

File number: VID 829 of 2012

Judge: TRACEY J

Date of judgment: 9 November 2012

Catchwords: INDUSTRIAL LAW – Application for inquiry into election in registered organisation – alleged breach of rules of organisation where nominations for office rejected – whether alleged irregularities in relation to election – whether reasonable grounds for application – time and place for inquiry fixed

Legislation: Conciliation and Arbitration Act 1904 (Cth), s 140 Fair Work (Registered Organisations) Act 2009 (Cth), ss 142, 182, 191, 193, 200, 201 Local Authorities Act 1902 (Qld)

Cases cited: Brown v Health Services Union (2012) 291 ALR 497 – referred to Brown v Health Services Union (No 2) [2012] FCA 1014 – referred to Hodge v The King (1907) 5 CLR 373 – considered, applied Leveridge v Shop Distributive and Allied Employees Association (1977) 31 FLR 385 – cited Newbury v Smith (1991) 29 FCR 246 – considered Re Australian Building Construction Employees and Builders Labourers Federation; Ex parte Rix (1978) 18 ALR 43 – cited Re Federated Liquor and Allied Industries Employees Union of Australia; Ex parte Farrow (1976) 27 FLR 430 – cited Re Killestyn; application for an inquiry in relation to an election for offices in the Australian Salaried Medical Officers' Federation (Qld) (2009) 261 ALR 730 – considered, applied Re Slaters, Tiling and Roofing Industry Union of Victoria (1983) 72 FLR 411 – considered, applied Scott v Jess (1984) 3 FCR 263 – considered