R v Commonwealth Court of Conciliation and Arbitration; Ex parte Grant [1950] HCA 8

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81 C.L.R.] OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA]

THE KING

AGAINST

THE COMMONWEALTH COURT OF CONCILIATION AND

ARBITRATION AND OTHERS ; Ex parte GRANT.

Industrial Arbitration (Cth.)—Commonwealth Court of Conciliation and Arbitration

—Jurisdiction—Industrial organization—Disputed election—Irregularities— Application of remedial statute to election commenced prior thereto—' Comple- tion" of election—Inguiry—* Prescribed form"—Application lodged prior to promulgation of regulations—Hlection declared void and new election ordered— " Necessary safeguards "—Deputy Industrial Registrar appointed returning officer —Prohibition Commonwealth Conciliation and Arbitration Act 1904-1949 (No. 13 of 1904—No. 28 of 1949), ss. 32, 40 (m), 96a, 968, 964—Conciliation and Arbitration Regulations, reg. 1334 (S.R. 1947 No, 1421949 No. 49).

Section 96a of the Commonwealth Conciliation and Arbitration Act 1904-1949 applies to a union election which had not been completed when the Common- wealth Conciliation and Arbitration Act 1949 came into operation and in such a case an applicant may rely upon irregularities which took place before the commencement of that Act.

Regulation 1334 of the Conciliation and Arbitration Regulations came into operation on 5th August 1949 and provided that an application under s. 96a 'of the Commonwealth Conciliation and Arbitration Act 1904-1949 should be substantially in accordance with Form 46, and that the time after the comple- tion of an election within which such an application might be lodged should be six months.

Held, that an application lodged after the completion of the election but two days prior to the notification of reg. 1334 was properly lodged.

The Commonwealth Court of Conciliation and Arbitration declared a union election void and directed that a new election should be held and that it should be conducted in accordance with the union rules and, where such