Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beswick, in the matter of an Election for an Office in the Shop, Distributive & Allied Employees' Association v Swetman [2013] FCA 642 Citation: Beswick, in the matter of an Election for an Office in the Shop, Distributive & Allied Employees' Association v Swetman [2013] FCA 642
Parties: ELLEN MICHELE BESWICK v ALAN SWETMAN, SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES' ASSOCIATION and AUSTRALIAN ELECTORAL COMMISSION
File number(s): QUD 315 of 2013 QUD 316 of 2013
Judge: LOGAN J
Date of judgment: 18 June 2013
Corrigendum: 3 July 2013
Catchwords: INDUSTRIAL LAW – inquiry into election in a registered industrial organisation under the Fair Work (Registered Organisations) Act 2009 (Cth) – election for the office of Secretary/Treasurer within the Queensland branch of the Shop, Distributive & Allied Employees' Association – whether nomination of the Respondent for election to the position was valid – construction of the rules of the industrial organisation by reference to the respondent's role in it – whether respondent as an employed organiser employed in or in connection with any of the callings of the organisation – whether respondent eligible to be member of the organisation – whether irregularity stemming form respondent's status in the organisation Held: nomination of the respondent invalid
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) s 201
Cases cited: Re an Application by John Rajan Thomas for an inquiry into an Election in the South Australian Branch of the Australian Workers Union (unreported, Keely J, 21 July 1992) approved Re Demas v Pearson (1951) 73 CAR 3 cited Re Election for Office in Transport Workers Union of Australia (West Australian Branch) (1992) 40 IR 245 considered Re Inquiry relating to Election for offices in United Firefighters' Union of Australia, Victorian Branch; Re Churchill (2000) 102 IR 247 considered Re Mellor, Re Federated Liquor & Allied Industries Employees Union of Australia (1986) 17 IR 402 cited Rivers, in the matter of an Application for an Inquiry relating to an Election for an Office in The Shop Distributive & Allied Employees' Association, South Australian Branch [2004] FCA 711 followed Roughan v Coulson (1992) 3 IR 393 followed Rounsevell v Mitchell (1968) 11 FLR 414 applied
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