Reid, in the matter of an application for an inquiry relating to elections for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2007] FCA 513

Reid, in the matter of an application for an inquiry relating to elections for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2007] FCA 513

The proposed timetable changes were too remote from the orders made on 16 March 2007 to be characterised as incidental, supplementary or consequential orders under s 206(4)(d). Even if the reserved liberty to apply could extend to working out the consequences of those orders, the Union did not justify the requested delay: the application was based on bar table assertions rather than admissible evidence, campaigning was already possible, candidates might have different preferences about campaign length, and responsibility for ballot timing lay primarily with the returning officers. The Court therefore declined to interfere with the returning officers' revised timetable.

Jurisdiction
Australia
Judgment Date
23 March 2007
Procedural Posture
Inquiries Into the Conduct of Elections for Offices in a Registered Organisation Under Sch 1 to the Workplace Relations Act 1996 (cth) / Application by the Union for Further Orders Modifying the Election Timetable After Orders Made on 16 March 2007
Outcome
Application dismissed.
Legal Topics
['registered Organisations' 'election Inquiries' 'union Elections' 'returning Officers' 'liberty to Apply' 'consequential Orders']
['industrial Law'] ['registered Organisations' 'election Inquiries' 'union Elections' 'returning Officers' 'liberty to Apply' 'consequential Orders']

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Procedural Posture

Inquiries Into the Conduct of Elections for Offices in a Registered Organisation Under Sch 1 to the Workplace Relations Act 1996 (cth) / Application by the Union for Further Orders Modifying the Election Timetable After Orders Made on 16 March 2007

Legal Issues

  1. 1 ['Whether the proposed orders modifying the revised election timetable were incidental or supplementary to, or consequential on, the orders made on 16 March 2007 within s 206(4)(d) of Sch 1 to the Workplace Relations Act 1996 (Cth).' 'Whether the proposed orders were within the reservation of liberty to apply in the orders made on 16 March 2007.' 'Whether delaying the opening and closing of the ballots by one week was required for the proper, fair or efficient conduct of the elections.']

Ratio Decidendi

The proposed timetable changes were too remote from the orders made on 16 March 2007 to be characterised as incidental, supplementary or consequential orders under s 206(4)(d). Even if the reserved liberty to apply could extend to working out the consequences of those orders, the Union did not justify the requested delay: the application was based on bar table assertions rather than admissible evidence, campaigning was already possible, candidates might have different preferences about campaign length, and responsibility for ballot timing lay primarily with the returning officers. The Court therefore declined to interfere with the returning officers' revised timetable.

Court Disposition

Application dismissed.

Orders

  • ['The application made on behalf of the Automotive Food, Metals, Engineering, Printing and Kindred Industries Union be dismissed.']