In the matter of applications by Neil Raymond Morris for inquiries into the elections for offices in the Construction, Forestry, Mining and Energy Union, Building Unions Division, Victorian Divisional Branch [1994] IRCA 137

C A T C H W O R D S Election inquiries - orders made declaring election void and ordering new election - application for a stay pending application to High Court of Australia - orders sought that officers, declared by court not to have been elected, may continue to act in the offices pending the new election - construction of s.221(1)(c) - whether "holds" means holds de facto or de jure. Industrial Relations Act 1988 (Cth) s. 221(1)(c) and (d) IN THE MATTER OF applications by NEIL RAYMOND MORRIS for inquiries into elections for offices in the CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, BUILDING UNIONS DIVISION, VICTORIAN DIVISIONAL BRANCH KEELY J. MELBOURNE 1 December 1994

IN THE INDUSTRIAL RELATIONS COURT) ) No. VI 1030 of 1994 OF AUSTRALIA ) No. VI 1038 of 1994 ) VICTORIA DISTRICT REGISTRY ) IN THE MATTER OF applications by Neil Raymond Morris for inquiries into elections for offices in the Construction, Forestry, Mining and Energy Union, Building Unions Division, Victorian Divisional Branch. CORAM: Keely J. PLACE: Melbourne DATE: 1 December 1994 MINUTES OF ORDERS (re notices of motion) THE COURT ORDERS THAT: 1. The election for offices in the Victorian Divisional Branch of the Building Unions Division of the Construction, Forestry, Mining & Energy Union be held in accordance with the following orders and directions:- (a) an election be held for the following offices ("the offices") in the Victorian Divisional Branch: President; Vice-President; Secretary; Assistant Secretaries (2); Divisional Conference Delegates (8); Divisional Branch Council Delegates (22); comprising Carpenters (9), Stonemasons (2), Labourers (9), Tilelayers (2); Divisional Branch Management Committee (16) comprising Carpenters (7), Stonemasons (1), Labourers (7), Wall and Floor Tiler (1); Zone Delegates (number to be determined in accordance with Divisional Branch Rule 40(2)(vi)). (b) the entitlement of persons to vote in the election shall be determined in accordance with Branch Rule 38(p) of the Divisional Branch Rules except that, for the purposes of this election, each reference to 30 September in that Rule shall read as 31 March 1995; 2. That until the declaration of the results of the election ordered by the Court the following persons act in the offices of the Victorian Divisional Branch of the Building Union's Division of the Construction, Forestry, Mining and Energy Union ("CFMEU") under which their names appear: (a) OFFICES ON THE BRANCH COMMITTEE OF MANAGEMENT President Vice President F. O'Grady B. Oliver Secretary Assistant Secretary V. Raffa M. Kingham Carpenters Builders Labourers Tilelayer R. Williams R. Sinclair Z. Prazac R. Carter R. Ryan G. Lavery J. Nicol Stonemason D. Van Dam P. Lennon M. Newham M. Santana M. Bingham W. Torpey M. Ratel D. Noonan B. Giagnacovo (b) OFFICES ON THE BRANCH COUNCIL Carpenters Builders Labourers Stonemasons V. Nicoli T. Bockting A. Patience K. Green G. Young G. Slack D. Black G. Miles A. Moore D. Noonan Tilelayers W. Oliver K. Hughes O. Kypta H. Kotsabis J. Bruce Z. Prazac D. Jacobson J. McPartlin G. Preddy C. Leatham D. Shacklock ZONE DELEGATES Ballarat Bendigo Brunswick V. Broes T. Coleman M. Kingham L. Brown N. Pyle W. McConnel N. Davidson L. Worme F. Stradijot Camberwell Clifton Hill Essendon J. Baysinger F. Amarante D. Deprisco R. Bentley R. Collins T. Hancy S. Mitchell S. West V. Raffa Footscray Geelong Goulburn Valley P. Leckie J. Cody C. Craig F. Lopez J. O'Mara A. Kerris R. Storey B. Roche P. O'Flaherty Latrobe Valley Melbourne Mordialloc V. Beaton R. Carter G. Burleigh M. Smith M. Santana I. Nichol A. Nabulsi G. Tsotsos P. Sullivan Murray Valley Oakleigh Preston L. Fahey L. Bacolas M. Collingburn S. Masterson J. Medlyn R. Lucas J. Salinger B. Smith N. Porter Prahran Richmond South Western B. Giagnacovo D. Blake K. O'Connor A. Medina C. Commons A. Sargent S. Delaney R. Hakainsson G. Sullivan Sunraysia Wimmera A. Boldock R. Nesibit D. Costa G. Scott M. Dawes A. Patterson (c) OFFICES OF BRANCH DELEGATE TO DIVISIONAL CONFERENCE F. O'Grady R. Williams M. Kingham J. Saddington V. Raffa M. Bingham 3. Order 2 above shall not affect the entitlement to hold any of the offices referred to therein conferred by the second to fifth paragraphs inclusive of National Rule 42(ix)(a)(i) of those CFMEU Rules on the persons identified in those paragraphs. 4. The respondents' application for a stay of the orders made by the court on 14 November 1994 be refused. 5. Liberty to apply be reserved to all parties, including the Australian Electoral Commission. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.