Federal Court of Australia
Federal Court of Australia
Menon v O'Connor [2021] FCA 598 File number: QUD 131 of 2021
Judgment of: LOGAN J
Date of judgment: 12 May 2021
Catchwords: INDUSTRIAL LAW – application for judicial relief under the Fair Work (Registered Organisations) Act 2009 (Cth) (Fair Wok Registered Organisations Act) and Federal Court of Australia Act 1976 (Cth) – where dispute concerned eligibility of applicant to participate in an election of the Construction, Forestry, Maritime, Mining and Energy Union's (Union) conducted by the Australian Electoral Commission (Commission) – where parties raised at beginning of hearing that the returning officer of the Commission had accepted the applicant's nomination in the election as valid – whether the hearing for the judicial relief sought should proceed – where capacity of the Court to make orders now restricted by s 164B of the Fair Work Registered Organisations Act – where appropriate to commence application pursuant to s 200 of the Fair Work Registered Organisations Act – matter adjourned until not earlier than the declaration of the ballot in respect of the Union election
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 164, 164B, 200
Cases cited: Moore v Doyle (1969) 15 FLR 59 Re McJannet; Ex parte Minister for Employment, Training and Industrial Relations (Qld) (1995) 184 CLR 620
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