Gavin Mark Marshall v Garry Main, Graham Nicholson and Anthony Battle [1995] IRCA 332

CATCHWORDS

REGISTERED ORGANISATIONS - UNION ELECTIONS - Use of union funds and/or resources for electioneering purposes - Interim Orders Industrial Relations Act 1988, s209 Scott v Jess (1984) 3 FCR 263, 287-289 (principle 4) Darroch v Tanner (1987) 16 FCR 368, 370-372 Re Collins ex parte Hockings (1989) 167 CLR 522 at 529 Valentine v Butcher 51 FLR 127 at 138-139 Saddington v Oliver 48 IR 115 at 116 Anderson v Johnson (1990) 22 FCR 326, 335 Buchanek v Jones (1989) 34 IR 102 at 104 No. VI 3910 of 1995 GAVIN MARK MARSHALL v GARRY MAIN, GRAHAM NICHOLSON and ANTHONY BATTLE

MARSHALL J MELBOURNE 25 JULY 1985

IN THE INDUSTRIAL RELATIONS COURT ) ) ) OF AUSTRALIA ) ) No. VI 3910 of 1995 VICTORIA DISTRICT REGISTRY ) BETWEEN: GAVIN MARK MARSHALL Applicant AND: GARY MAIN, GRAHAM NICHOLSON and ANTHONY BATTLE Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 25 July 1995

REASONS FOR JUDGMENT DELIVERED EX TEMPORE AND REVISED FROM THE TRANSCRIPT On 21 July 1995 I granted a rule calling upon the respondents to show cause why the following orders should not be made against them: "1. That the respondents and each of them perform and observe the rules of the Electrical Division ("the Division") of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ("the Union") by ceasing and refraining, by themselves, their servants or agents, or otherwise, from using the funds and/or resources of the union to: (a) support or promote certain candidates in the current elections for offices in the Victorian Branch of the Division to the exclusion of other candidates; (b) influence voters to support certain candidates in the current election being conducted within the Division to the exclusion of other candidates. 2. Such further or other orders as to the Court seems appropriate." I further ordered that: "...until 4.30 pm on 25th July 1995, or further order, the respondents and each of them by themselves, their servants or agents, or otherwise, cease and refrain from using the funds and/or resources of the Union for electioneering in the current elections for offices in the Victorian Branch of the Division which commenced on or about 3 July, 1995." The proceeding before the Court is an application under section 209 of the Industrial Relations Act 1988 ("the Act"). That section provides so far as is presently material: "(1) A member of an organisation may apply to the Court for any order under this section in relation to the organisation. (2) Before making an order under this section, the Court shall give any person against whom the order is sought an opportunity of being heard.