Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Electoral Commissioner, in the matter of an Inquiry Relating to Election for an Office in the Australian Education Union (SA Branch) [2018] FCA 2074 File number: SAD 192 of 2018
Judge: WHITE J
Date of judgment: 20 December 2018
Catchwords: INDUSTRIAL LAW – Inquiry into election for office in a branch of an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) – ballot papers provided to several persons who were not entitled to vote – inclusion of ineligible votes meant the result of the election was affected by irregularity – election declared void and consequential orders made.
Legislation: Conciliation and Arbitration Act 1904 (Cth) s 4(1) Fair Work (Registered Organisations) Act 2009 (Cth) ss 6, 189(3), 200, 206 Children's Services Act 1985 (SA)
Cases cited: Electoral Commissioner, in the matter of an Inquiry Relating to Elections for Offices in the Australian Federal Police Association Branch of the Police Federation of Australia [2016] FCA 469 Hodge v The King (on the relation of O'Sullivan) (1907) 5 CLR 373 Kelly v Amalgamated Metal Workers' and Shipwrights Union (1981) 56 FLR 124
Date of hearing: 10 December 2018
Registry: South Australia
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
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