Battese, in the matter of an Election for an Office in the CWU of Australia Postal and Telecommunications Branch, New South Wales [1996] IRCA 441

Battese, in the matter of an Election for an Office in the CWU of Australia Postal and Telecommunications Branch, New South Wales [1996] IRCA 441

The requirement in rule 68(a) that a candidate be a continuously financial member for 12 months prior to the close of nominations is valid, applies to the offices sought, and was not met by either applicant under the evidence and proper construction of the rules. The rule is not oppressive, unreasonable or unjust in its operation under s196(c) of the Industrial Relations Act 1988. There was therefore no irregularity in the rejection of their nominations.

Parties
First Applicant: Noel Battese; Second Applicant: Quentin Cook; Respondent/interested Party: Australian Electoral Commission; Respondent/interested Party: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Interested Persons: Jim Metcher, Laurie Chalker, Robert Cornish, Chris Airs, Lyle Brittain, Ron Caughlan, John Cosgrove, Steven Dodd, Doug Irwin, Hong Ha Le, David McCartney, Greg Rayner, Bill Richards, and Ron Heiler; Self Represented: Mr Mason
Jurisdiction
Australia
Judgment Date
25 September 1996
Procedural Posture
Industrial Election Inquiry / Final Decision and Reasons for Judgment
Outcome
Applications dismissed
Legal Topics
Union Elections, Membership Qualifications, Continuous Financial Membership, Election Irregularities
Industrial Law Trade Union Law Union Elections Membership Qualifications Continuous Financial Membership Election Irregularities

Case Brief

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Parties

Noel Battese

First Applicant

Quentin Cook

Second Applicant

Australian Electoral Commission

Respondent/interested Party

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Respondent/interested Party

Jim Metcher, Laurie Chalker, Robert Cornish, Chris Airs, Lyle Brittain, Ron Caughlan, John Cosgrove, Steven Dodd, Doug Irwin, Hong Ha Le, David McCartney, Greg Rayner, Bill Richards, and Ron Heiler

Interested Persons

Mr Mason

Self Represented

Procedural Posture

Industrial Election Inquiry / Final Decision and Reasons for Judgment

Legal Issues

  1. 1 Whether irregularities arose from rejection of nominations due to alleged lack of continuous financial membership
  2. 2 Whether the requirement of 12 months continuous financial membership was oppressive, unreasonable or unjust within s196(c) of the Industrial Relations Act 1988
  3. 3 Whether rule 68(a) of the Union rules applied to the offices sought

Ratio Decidendi

The requirement in rule 68(a) that a candidate be a continuously financial member for 12 months prior to the close of nominations is valid, applies to the offices sought, and was not met by either applicant under the evidence and proper construction of the rules. The rule is not oppressive, unreasonable or unjust in its operation under s196(c) of the Industrial Relations Act 1988. There was therefore no irregularity in the rejection of their nominations.

Court Disposition

Applications dismissed

Orders

  • No irregularity found in the election or the rejection of Battese and Cook's nominations.
  • No order made affecting the conduct of the election.