Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2021] FCA 859

Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2021] FCA 859

Because the inquiry had been instituted when the Court fixed a time and place for its conduct, the Court had power under s 206(6) to terminate it in part. In light of the declared result for the Divisional Secretary election, the materiality limitation on the Court's powers, and the consent or non-opposition of the active parties, it was appropriate to terminate the inquiry to the extent that it related to the election for that office.

Jurisdiction
Australia
Judgment Date
27 July 2021
Procedural Posture
Application Concerning an Inquiry Into Alleged Irregularities in a Registered Organisation Election Under the Fair Work (registered Organisations) Act 2009 (cth) / Determined on the Papers; Application Under S 206(6) to Terminate the Inquiry to the Extent That It Relates to the Office of Divisional Secretary
Outcome
Inquiry terminated in part.
Legal Topics
['registered Organisations' 'union Elections' 'election Irregularities' 'termination of Inquiry' 'construction, Forestry, Maritime, Mining and Energy Union']
['industrial Relations' 'employment and Industrial Relations'] ['registered Organisations' 'union Elections' 'election Irregularities' 'termination of Inquiry' 'construction, Forestry, Maritime, Mining and Energy Union']

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Procedural Posture

Application Concerning an Inquiry Into Alleged Irregularities in a Registered Organisation Election Under the Fair Work (registered Organisations) Act 2009 (cth) / Determined on the Papers; Application Under S 206(6) to Terminate the Inquiry to the Extent That It Relates to the Office of Divisional Secretary

Legal Issues

  1. 1 ['Whether the Court had power under s 206(6) of the Fair Work (Registered Organisations) Act 2009 (Cth) to terminate the inquiry to the extent that it related to the election for the office of Divisional Secretary of the Manufacturing Division of the Union.' 'Whether the inquiry had begun for the purposes of s 206(6), given that the formal hearing had not yet commenced but a time and place for the inquiry had been fixed.' "Whether there was utility in continuing the inquiry in relation to the election of Mr O'Connor where any alleged irregularity concerning 83 members' entitlement to vote could not have been material to the result."]

Ratio Decidendi

Because the inquiry had been instituted when the Court fixed a time and place for its conduct, the Court had power under s 206(6) to terminate it in part. In light of the declared result for the Divisional Secretary election, the materiality limitation on the Court's powers, and the consent or non-opposition of the active parties, it was appropriate to terminate the inquiry to the extent that it related to the election for that office.

Court Disposition

Inquiry terminated in part.

Orders

  • ['Pursuant to s 206(6) of the Fair Work (Registered Organisations) Act 2009 (Cth) the inquiry be terminated to the extent that it relates to the election for the office of Divisional Secretary of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union.']