Electoral Commissioner, in the matter of an election for offices in the Local Government and Shires Association of New South Wales (No 2) [2016] FCA 668

FEDERAL COURT OF AUSTRALIA

Electoral Commissioner, in the matter of an election for offices in the Local Government and Shires Association of New South Wales (No 2) [2016] FCA 668 File number(s): NSD 53 of 2016

Judge(s): BUCHANAN J

Date of judgment: 3 June 2016

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth)

Cases cited: Electoral Commissioner, in the matter of an election for offices in the Local Government and Shires Association of New South Wales [2016] FCA 327

Date of hearing: 3 June 2016

Registry: New South Wales

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: No Catchwords

Number of paragraphs: 7

Solicitor for the Applicant: Ms B Griffin of Australian Government Solicitor

Counsel for the Intervener (by leave): Mr R Kenzie QC with Mr J W Nolan

Solicitor for the Intervener (by leave): Carroll and O'Dea Lawyers

ORDERS NSD 53 of 2016

BETWEEN: ELECTORAL COMMISSIONER Applicant

LOCAL GOVERNMENT AND SHIRES ASSOCIATION OF NEW SOUTH WALES Intervener (by leave)

JUDGE: BUCHANAN J DATE OF ORDER: 3 JUNE 2016

THE COURT ORDERS THAT:

The Court makes the following orders pursuant to s 206(4) of the Fair Work (Registered Organisations) Act 2009 (Cth): 1. Paragraphs 3(ii) and 4 of the Orders of the Court dated 29 March 2016 (reissued in a corrected form on 5 April 2016) be varied as follows: 3.(ii) the Association to provide the Returning Officer with a correct roll of voters as at 13 May 2016 listing the delegates who have been appointed to represent the Ordinary members of the Association not more than 52 days after the date of the issuing by the Returning Officer of the Election Notice; 4. An order that the candidates in the election to be conducted pursuant to Order 3 be restricted to those candidates who stood in the election declared void by Order 1, if still eligible as at 13 May 2016, and any such candidate shall be treated as having nominated for the same office as was the subject of the candidate's nomination in the election declared void by Order 1. 2. Notwithstanding the terms of the Orders of the Court dated 29 March 2016 (reissued in a corrected form on 5 April 2016), including as amended this day, the returning officer is directed to conduct the election in such a manner as will allow the votes cast by delegates whose councils have been dissolved before the scrutiny of the ballot by the returning officer to be identified so that they may be discarded and not included in the count. 3. The following Councillors be removed as candidates: (i) Khaldoun Asfour and Monica Wangmann (candidates for Vice President (Metropolitan/Urban Councils)); (ii) Gregory Matthews (candidate for Vice President (Rural/Regional Councils)); (iii) Darcy Byrne, Julie Hegarty, Rochelle Porteous and Monica Wangmann (candidates for Director (Metropolitan/Urban Councils)); and (iv) Douglas Eaton, David Fahey, David Keegan, Gregory Matthews, Garth Morrison, Margaret O'Connor, and Allan Smith (candidates for Director (Rural/Regional Councils)). 4. As at the date of these Orders, Councillor Bill Pickering be declared elected to the office of Vice President (Metropolitan/Urban). 5. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.