Walker, in the matter of an election for an office in Victorian Branch of the Australian Rail, Tram and Bus Industry Union [2014] FCA 1109

FEDERAL COURT OF AUSTRALIA

Walker, in the matter of an election for an office in Victorian Branch of the Australian Rail, Tram and Bus Industry Union [2014] FCA 1109 Citation: Walker, in the matter of an election for an office in Victorian Branch of the Australian Rail, Tram and Bus Industry Union [2014] FCA 1109

Parties: MARK WALKER

File number: VID 580 of 2014

Judge: BROMBERG J

Date of judgment: 9 October 2014

Catchwords: INDUSTRIAL LAW – Application for an inquiry into an election in a registered organisation – whether Court should be satisfied that there are reasonable grounds for instituting an inquiry as required by s 201 of the Fair Work (Registered Organisations) Act 2009 (Cth) – alleged "irregularity" because nominee for office was ineligible to be a member of the union – whether reasonable grounds in support of contention that nominee for office was not a valid member of the union in accordance with the Union's rules – no reasonable grounds for an inquiry – application dismissed.

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 6, 200, 201 Transport Integration Act 2010 (Vic) ss 118, 119(1), 120(3)

Cases cited: Re Post; Re Election for Offices in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 162 Re Election for Office in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 245 Re Application By The Transport Workers Union of Australia (1992) 37 FCR 16 Construction, Forestry, Mining and Energy Union v CSBP Limited (2012) 212 IR 206