Carovska, in the matter of an application for an inquiry in relation to an election for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch [2023] FCA 1129

Federal Court of Australia

Carovska, in the matter of an application for an inquiry in relation to an election for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch [2023] FCA 1129 File number: NSD 637 of 2023

Judgment of: RAPER J

Date of judgment: 21 September 2023

Catchwords: INDUSTRIAL LAW – application for inquiry into elections for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) – allegation of irregularities –whether there are reasonable grounds for the application – inquiry ordered

Legislation: Conciliation and Arbitration Act 1904 (Cth) ss 159, 160, 160(1), 164, 164(4) Evidence Act 1995 (Cth) s 75 Fair Work (Registered Organisations) Act 2009 (Cth) ss 6, 182, 189, 189(3), 190, 193(1), 193(1)(a), 193(1)(b), 193(1)(b)(i), 193(1)(b)(ii), 193(6), 200(1), 201, 201(b), 205, 205(3), 206 Industrial Relations Act 1988 (Cth) s 219 Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 (Cth) Explanatory Memorandum, Industrial Relations Bill 1988 (Cth)

Cases cited: Application of the Electoral Commissioner [2014] FCA 588; 226 FCR 144 Attorney-General (Cth) v Breckler (1999) 197 CLR 83 Clancy, in the matter of an application for an inquiry in relation to an election for offices in the Australian Nursing and Midwifery Federation [2017] FCA 460 Craig v South Australia (1995) 184 CLR 163 Director of Public Prosecutions v Debono [2012] VSC 350; 268 FLR 261 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 Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal [2020] FCAFC 145; 280 FCR 194 Gray, in the matter of an application for an inquiry relating to an election for an office in the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia, Electrical, Energy and Services Division [2012] FCA 1165 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2009] FCA 1128; 189 IR 351 Kelly, in the matter of an application for an inquiry in relation to an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (No 2) [2011] FCA 490 McJannett v Bulloch [2012] FCA 1233 Nelson v Cameron [2000] FCA 554; 98 IR 46 Ousley v R (1997) 192 CLR 69 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 R v Gray; Ex parte Marsh (1985) 157 CLR 351 Re Carter; Re Federated Clerks Union of Australia, Victorian Branch (No 1) (1989) 32 IR 1 Re Churchill [2001] FCA 469; 109 FCR 104 Re Collins; Ex parte Hockings (1989) 167 CLR 522 Re Jarman; Ex parte Cook (No 2) (1996) 136 ALR 233 Re Killesteyn; Re Australian Medical Officers' Federation, Queensland Branch [2009] FCA 1311; 193 IR 200 Re McJannett; Re Construction, Forestry, Mining and Energy Union, Western Australian Branch (No 2) [2009] FCA 1015; 188 IR 156 Re Nimmo [2011] FCA 38; 192 FCR 111 Re Post; Re Election for Offices in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 162 Sara, in the matter of an inquiry into the election for offices in the Australian Salaried Medical Officers Federation [2018] FCA 844 Scott v Jess (1984) 3 FCR 263 White, in the matter of an election for an office in Transport Workers' Union of Australia, Queensland Branch [2019] FCA 2131