White, in the matter of an election for an office in Transport Workers' Union of Australia, Queensland Branch [2019] FCA 2131

FEDERAL COURT OF AUSTRALIA

White, in the matter of an election for an office in Transport Workers' Union of Australia, Queensland Branch [2019] FCA 2131 File number: QUD 168 of 2019

Judge: COLLIER J

Date of judgment: 19 December 2019

Catchwords: INDUSTRIAL LAW - Inquiry into election for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - 2018 Transport Workers' Union of Australia Queensland Branch Election – allegation of irregularities – whether applicant bears onus of establishing an irregularity – whether the comments made by union delegates at training sessions constituted a use of union or Branch resources - whether conduct of campaigners contravened s 190 – whether use of union vehicles contravened s 190 – whether unauthorised ballot boxes were utilised at various sites – whether the use of unauthorised ballot boxes contravened union rules – whether all eligible voters were included on the members' list – whether union officers campaigning for one election team exercised a right of entry to enter work sites – whether established irregularities materially affected the outcome of the election – application of s 324 because irregularities established – no costs jurisdiction.

Legislation: Fair Work (Registered Organisations) 2009 (Cth) ss 6, 161, 190, 200, 201, 206, 324, 325, 329 Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth) s 223 Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 (Cth)