Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2021] FCA 1263

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 (No 3) [2021] FCA 1263 File number(s): QUD 168 of 2021

Judgment of: WHEELAHAN J

Date of judgment: 18 October 2021

Catchwords: INDUSTRIAL LAW – Inquiry into an election for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) – election for offices in the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union which concluded in July 2021 – where the applicant alleges irregularities – whether the exclusion of certain members from the roll of members eligible to vote in the elections constituted an irregularity – whether the rejection of certain candidates' nominations for office constituted an irregularity – construction of the Rules of the Union and Rules of the Manufacturing Division of the Union – effect of purported resignations from a District of the Manufacturing Division – effect of purported resignation from the Manufacturing Division – no irregularity found. HIGH COURT AND FEDERAL COURT – application and effect of a declaration made in another proceeding –whether reasons for judgment are available in the construction of a court's declaration – in the circumstances of this case reasons for judgment so available.

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 6, 9, 27(a), 154A, 154B, 154B(2), 164, 164A, 182, 191, 193, 201, 205(3), 206(1), 206(2), 206(4), 206(5), 206(6), 230, 237, 252-254 Evidence Act 1995 (Cth) s 91 Spencer Bower and Handley, Res Judicata (4th edition)