Clancy, in the matter of an application for an inquiry in relation to an election for offices in the Australian Nursing and Midwifery Federation [2017] FCA 460

FEDERAL COURT OF AUSTRALIA

Clancy, in the matter of an application for an inquiry in relation to an election for offices in the Australian Nursing and Midwifery Federation [2017] FCA 460 File number(s): WAD 290 of 2015

Judge(s): SIOPIS J

Date of judgment: 5 May 2017

Catchwords: INDUSTRIAL LAW – election for offices in union registered under the Fair Work (Registered Organisations) Act 2009 (Cth) (the FW(RO) Act) – unsuccessful candidate applied for an order that there be an inquiry into the election – irregularity in relation to an election for an office – publication and distribution of the union journal – whether journal contained electioneering material – relationship between State registered union and State branch of Federal union – whether union resources were used to support a candidate in an election.

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 6, 6(a), 6(b), 6(c), 151, 152, 190, 200, 201, 201(b), 206, 206(4), 206(5), 285, 286, 287 Commonwealth Electoral Act 1918 (Cth) ss 328, 328A, 331

Cases cited: Re Post; Re Election for Offices in Transport Workers Union of Australia, Western Australian Branch [1992] 40 IR 162 Re Jacomb (2001) 180 ALR 134 Scott v Jess (1984) 3 FCR 263 Re Collins; Ex parte Hockings (1989) 167 CLR 522 R v Gray; Ex parte Marsh (1985) 157 CLR 351 Becker, in the matter of an application for an inquiry in relation to an election for offices in the Australian Education Union, Queensland Branch [2004] FCA 1534 Re McJannett; Re Construction, Forestry, Mining and Energy Union, Western Australian Branch (No 2) (2009) 188 IR 156 Jess v Scott (1986) 14 IR 341 Tanner v Darroch (1986) 12 FCR 235 Re McJannet; Ex parte Minister for Employment, Training and Industrial Relations for the State of Queensland (1995) 184 CLR 620