Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union [2024] FCA 1485

Federal Court of Australia

Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union [2024] FCA 1485 File number(s): VID 969 of 2024

Judgment of: HORAN J

Date of judgment: 1 November 2024

Date of publication of reasons: 19 December 2024

Catchwords: INDUSTRIAL LAW – application by Electoral Commissioner under Pt 3 of Ch 7 of the Fair Work (Registered Organisations) Act 2009 (Cth) for inquiry into election for office in branch of registered organisation – alleged irregularity in relation to election – where defective nomination for election – where alleged failure to give candidate the opportunity of remedying the defect in her nomination – whether there are reasonable grounds for the application – inquiry ordered

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work (Registered Organisations) Regulations 2009 (Cth)

Cases cited: Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union [2012] FCA 1242 Bourne v Campbell [1999] FCA 1522; 93 IR 238 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 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 Re Jacomb [2000] FCA 1891; 180 ALR 134 Re Jarman; Ex parte Cook (No 2) [1996] HCA 7; 136 ALR 233 Re Killesteyn [2009] FCA 1311; 261 ALR 730 Re McJannett; Re Construction, Forestry, Mining and Energy Union, Western Australian Branch (No 2) [2009] FCA 1015; 188 IR 156 Re Post; Re Election for Offices in Transport Workers Union of Australia, Western Australian Branch [1992] FCA 11; 40 IR 162