Reference by Industrial Registrar pursuant to s 252 of Industrial Relations Act 1996 of an application by the Secretary of the Real Estate Association of New South Wales for an inquiry into the election of officers of the Association's Executive Committee [2004] NSWIRComm 292

Industrial Relations Commission of New South Wales

CITATION : Reference by Industrial Registrar pursuant to s 252 of Industrial Relations Act 1996 of an application by the Secretary of the Real Estate Association of New South Wales for an inquiry into the election of officers of the Association's Executive Committee [2004] NSWIRComm 292 PARTIES : Mr Dennett appeared in person by leave Mr Edwards appeared in person by leave FILE NUMBER: IRC 1247 of 2004 CORAM: Haylen J CATCHWORDS : Registered organisation - election inquiry - 2003 triennial elections - whether person eligible to remain a member when ceasing to be employed in a capacity covered by the constitution - constitution rule permits membership of persons licensed to be employed as real estate salespersons or valuers - entitlement of member properly admitted to membership to remain a member when engaged as an employer in the industry covered by the organisation - nomination for office at triennial elections declined because of unfinanciality - no opportunity given to candidate to rectify anomaly in nomination - duty of returning officer to provide an opportunity to rectify anomaly before close of nominations - fewer nominations received than positions vacant at close of nominations - whether such vacant positions can be filled by members attending Annual General Meeting - vacancies to be treated as casual vacancies and filled in accordance with provisions of s 242 - no irregularity found in 2003 triennial election - filling of casual vacancy not part of triennial election - inquiry confined to triennial election - inquiry terminated Application by Pritchard, Re Federated Clerks' Union of Australia (SA Branch) [1985] 11 IR 112 Australian Postal and Telecommunications Union, ex parte Wilson (1979-80) 28 ALR 330 Cameron v Duncan (1965) 8 FLR 148 Doyle v Australian Workers' Union (1986) 68 ALR 591 Hickson v Australian Electoral Commission (1997) 76 IR 127) CASES CITED : Jutte v Amalgamated Engineering Union (1967) 10 FLR 195 at 201) Re FCU (1982) 1 IR 217 Re Elections for offices in Australian Meat Industry Employees Union (1963) 5 FLR 260 at 265 Sims v AIMPE (1980) Current Review 575 Troja v Australasian Meat Industry Employees Union (Victoria Branch) (1978-1979) 23 ALR 18 Turner v Australasian Coal and Shale Employees Federation and anor (1984) 55 ALR 635 HEARING DATES: 09/08/2004 DATE OF JUDGMENT: 09/30/2004