Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union (No 2) [2025] FCA 57

Federal Court of Australia Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union (No 2) [2025] FCA 57 File number(s):

Judgment of: HORAN J

Date of judgment: 7 February 2025

INDUSTRIAL LAW – Inquiry into election for office in Catchwords: branch of registered organisation under the Fair Work (Registered Organisations) Act 2009 (Cth) – election of delegates to branch conference – where irregularity involving breach of rules of registered organisation – where failure to give notice of defective nomination and opportunity to remedy defect – whether irregularity affected result of the election – where branch conference had been held – where delegate holds office for one year or until successor takes office – where election currently being conducted for delegates to next branch conference – whether appropriate to make orders under s 206(4) of the Act – whether inquiry should be terminated under s 206(6) of the Act

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 5(1)–(3), 200, 201, 202(2), 205(3), 206(1)–(6)

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 Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union [2024] FCA 1485 Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2021] FCA 859 Cases cited: 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 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; 97 ALJR 1005 Re Australian Journalists' Association; Ex parte Nicholson (1990) 27 FCR 75 Re Nimmo; Application for an inquiry relating to an election for an office in the Australian Education Union (NT Branch) (2011) 192 FCR 111