In the matter of: The Industrial Relations Act 1988 AND IN THE MATTER OF: AN APPLICATION BY WILLIAM LUDWIG FOR AN INQUIRY INTO AN ELECTION IN THE AUSTRALIAN WORKERS' UNION [1995] IRCA 689

INDUSTRIAL LAW - Registered organisations - Elections - Interpretation of rules - Whether transitional rule providing for election of first holders of offices in a Branch applies to elections to fill casual vacancies in those offices - Rule providing for non-filling of one of two joint positions of Branch President, if it becomes vacant - Whether this precludes replacement of resigning joint President as a delegate to National Executive. Industrial Relations Act 1988, ss.218 and 223. IN THE MATTER OF: THE INDUSTRIAL RELATIONS ACT 1988 AND IN THE MATTER OF: AN APPLICATION BY WILLIAM LUDWIG FOR AN INQUIRY INTO AN ELECTION IN THE AUSTRALIAN WORKERS' UNION No. QI.1374 OF 1995 CORAM: WILCOX CJ PLACE: SYDNEY DATE: 21 DECEMBER 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. QI.1374 OF 1995 NEW SOUTH WALES DISTRICT REGISTRY) IN THE MATTER OF: THE INDUSTRIAL RELATIONS ACT 1988 AND IN THE MATTER OF: AN APPLICATION BY WILLIAM LUDWIG FOR AN INQUIRY INTO AN ELECTION IN THE AUSTRALIAN WORKERS' UNION CORAM: WILCOX CJ PLACE: SYDNEY DATE: 21 DECEMBER 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. That it be declared that rule 73B of the rules of the Australian Workers' Union has no application to the elections to fill the casual vacancies now existing in the following positions in the National Construction Branch of the Australian Workers' Union: (a) Branch Secretary (full-time)/Delegate to the National Executive; (b) Branch Assistant Secretary (honorary); and (c) Delegates to National Conference (2); and that elections to the said positions should be conducted in accordance with the provisions of rule 66 of the said Rules. 2. That it be declared that the Greater New South Wales Branch of the said organisation was entitled to elect a replacement for Dennis Radcliff, as delegate to the National Executive of the said organisation, to hold office as such until 30 June 1997. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.