Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 620

FEDERAL COURT OF AUSTRALIA

Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 620 File number(s): QUD 168 of 2021 QUD 169 of 2021

Judgment of: COLLIER J

Date of judgment: 8 June 2021

Catchwords: INDUSTRIAL LAW – Inquiry into election for offices in an organisation registered under the Fair Work (Registered Organisation Act) 2009 (Cth) – 2021 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), Manufacturing Division Election – allegation of irregularities – where certain financial members of the CFMMEU who are attached to the Manufacturing Division and entitled to vote were not included on the roll of voters – where certain financial members of the CFMMEU who are attached to the Manufacturing Division and entitled to nominate to offices in the election had their nominations rejected by the returning officer.

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 6, 200, 201, 204, 206

Cases cited: Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union (No 2) [2012] FCA 1243 Clancy, Re ANMF [2017] FCA 460 O'Connor v Setka [2020] FCA 441 Application of the Electoral Commissioner (2014) 226 FCR 144; [2014] FCA 588 Re Jarman; Ex parte Cook (No 2) (1996) 136 ALR 233; [1996] HCA 7 Re Killesteyn [2009] 261 ALR 730; [2009] FCA 1311 Re McJannett (No 2) (2009) 188 IR 156; [2009] FCA 1015 Re Nimmo (2011) 192 FCR 111; [2011] FCA 38 Smith v Operative Painters and Decorators' Union of Australia, Western Australian Branch (1992) 44 IR 357