Application of the Electoral Commissioner [2014] FCA 588

FEDERAL COURT OF AUSTRALIA

Application of the Electoral Commissioner [2014] FCA 588 Citation: Application of the Electoral Commissioner [2014] FCA 588

Parties: THE APPLICATION OF THE ELECTORAL COMMISSIONER

File number: NSD 370 of 2014

Judge: FLICK J

Date of judgment: 4 June 2014

Catchwords: INDUSTRIAL LAW – error in notification of closing date for nominations – irregularity in election to office – one nomination received after correct closing date but before date notified – election declared void

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 6, 9, 200, 201, 205, 206

Cases cited: Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union [2012] FCA 1242 Bourne v Campbell [1999] FCA 1522, (1999) 93 IR 238 McJannett v Bulloch [2012] FCA 1233 Re Amalgamated Metals Foundry and Shipwrights Union; Ex parte Adamson (1984) 4 FCR 319 Re Election for Office in Australian Institute of Marine and Power Engineers (1973) 20 FLR 407 Re Jarman; Ex parte Cook (No 2) (1996) 136 ALR 233 Re Kelly (No 2) [2011] FCA 490 Re Killesteyn (application for an inquiry in relation to an election in the Australian Salaried Medical Officers' Federation (Qld)) [2009] FCA 1311, (2009) 261 ALR 730 Re McJannet; Ex parte Minister for Employment, Training and Industrial Relations for the State of Queensland (1985) 184 CLR 620 Re Post; Re Election for Offices in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 162 Re Gray; in the matter of an application for an inquiry relating to an election for an office in the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia, Electrical, Energy and Services Division [2012] FCA 1165 Date of hearing: 4 June 2014