Menon v O'Connor [2021] FCA 598

Menon v O'Connor [2021] FCA 598

Given the returning officer's finding that Mr Menon's nomination in the union election is valid, urgency and necessity for immediate judicial relief are removed. Section 164B of the Fair Work (Registered Organisations) Act restricts the Court from making orders invalidating an election, and any challenge is properly brought by way of inquiry under s 200 after the ballot declaration. Accordingly, the proceeding should be adjourned to a date not earlier than the declaration of the ballot.

Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Application for Judicial Relief and Cross Claim / Interlocutory Hearing; Adjournment Decision
Outcome
Proceedings adjourned to a date to be fixed, not earlier than the declaration of the ballot in respect of the election; leave to CFMMEU to intervene on adjournment question granted; liberty to apply granted.
Legal Topics
['union Membership' 'election Disputes' 'judicial Review Under Fair Work (registered Organisations) Act' 'standing to Contest Union Elections']
['industrial Law' 'employment Law'] ['union Membership' 'election Disputes' 'judicial Review Under Fair Work (registered Organisations) Act' 'standing to Contest Union Elections']

Case Brief

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Procedural Posture

Application for Judicial Relief and Cross Claim / Interlocutory Hearing; Adjournment Decision

Legal Issues

  1. 1 ['Whether the applicant was unlawfully removed from the Union membership register' 'Whether the applicant is eligible to stand in the present union election' 'Whether the Federal Court should proceed to exercise judicial relief where the returning officer has determined nomination valid' 'Interaction of s 164B and s 200 of the Fair Work (Registered Organisations) Act with present relief']

Ratio Decidendi

Given the returning officer's finding that Mr Menon's nomination in the union election is valid, urgency and necessity for immediate judicial relief are removed. Section 164B of the Fair Work (Registered Organisations) Act restricts the Court from making orders invalidating an election, and any challenge is properly brought by way of inquiry under s 200 after the ballot declaration. Accordingly, the proceeding should be adjourned to a date not earlier than the declaration of the ballot.

Court Disposition

Proceedings adjourned to a date to be fixed, not earlier than the declaration of the ballot in respect of the election; leave to CFMMEU to intervene on adjournment question granted; liberty to apply granted.

Orders

  • ['Leave granted to the CFMMEU to intervene on the question of adjournment, with wider intervention reserved.' 'Proceeding adjourned to a date to be fixed, not earlier than declaration of the ballot in the Manufacturing Division election.' 'Liberty to apply.']