Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union (No 3) [2012] FCA 1289

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 (No 3) [2012] FCA 1289 Citation: Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union (No 3) [2012] FCA 1289

Parties: DIANA ASMAR

File number: VID 829 of 2012

Judge: TRACEY J

Date of judgment: 16 November 2012

Catchwords: INDUSTRIAL LAW – inquiry into election in registered organisation – alleged breach of rules of organisation where nominations for office rejected – whether member unfinancial – whether member an employee under s 171A of the Fair Work (Registered Organisations) Act 2009 (Cth) – irregularity – remedial orders made

Legislation: Conciliation and Arbitration Act 1904 (Cth) – s 140(1)(c) Fair Work (Registered Organisations) Act 2009 (Cth) – ss 18B, 142, 171A, 200, 201, 206, 323

Cases cited: Asmar; in the matter of an election for an office in the Victoria No 1 Branch of the Health Services Union [2012] FCA 1242 – referred to Asmar; in the matter of an election for an office in the Victoria No 1 Branch of the Health Services Union (No 2) [2012] FCA 1243 – referred to Australasian Meat Industry Employees' Union v Belandra Pty Ltd (2003) 126 IR 165 – considered, applied Australian Education Union v Lawler (2008) 169 FCR 327 – referred to Brown v Health Services Union (2012) 291 ALR 497 – referred to, considered Re Health Services Union (2009) 187 IR 51 – referred to, considered Re Nimmo (2011) 192 FCR 111 – cited Re Slaters, Tiling and Roofing Industry Union of Victoria (1983) 72 FLR 411 – considered, applied McJannett v Bulloch [2012] FCA 1233 – considered, applied