Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2021] FCA 1263

Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2021] FCA 1263

No irregularity occurred in the election or in the rejection of nominations: the 83 timber workers were not financial members of the Manufacturing Division as required by the Rules; rejection of nominations was justified as nominees had resigned and were not attached or financial at relevant times; Division and District attachment and financial membership is determined strictly by Union and Manufacturing Rules, not by informal arrangements or payment to other branches.

Parties
Applicant: Arturo "Bluey" Menon; Interested Persons: First to Fifteenth Interested Persons; Interested Person: Sixteenth Interested Person (Australian Electoral Commission)
Jurisdiction
Australia
Judgment Date
18 October 2021
Procedural Posture
Inquiry Into Election Irregularities Under Fair Work (registered Organisations) Act 2009 (cth) / Final Decision Following Hearing
Outcome
Irregularity not found; inquiry concludes no relevant irregularity occurred.
Legal Topics
Union Elections, Election Irregularities, Membership Eligibility, Interpretation of Union Rules
Industrial Law Employment Law Union Elections Election Irregularities Membership Eligibility Interpretation of Union Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 44 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Arturo "Bluey" Menon

Applicant

First to Fifteenth Interested Persons

Interested Persons

Sixteenth Interested Person (Australian Electoral Commission)

Interested Person

Procedural Posture

Inquiry Into Election Irregularities Under Fair Work (registered Organisations) Act 2009 (cth) / Final Decision Following Hearing

Legal Issues

  1. 1 Whether exclusion of certain members from the roll of voters constituted an irregularity
  2. 2 Whether rejection of certain candidates' nominations for office constituted an irregularity
  3. 3 Interpretation of Union Rules concerning membership, districts, and financial status

Ratio Decidendi

No irregularity occurred in the election or in the rejection of nominations: the 83 timber workers were not financial members of the Manufacturing Division as required by the Rules; rejection of nominations was justified as nominees had resigned and were not attached or financial at relevant times; Division and District attachment and financial membership is determined strictly by Union and Manufacturing Rules, not by informal arrangements or payment to other branches.

Court Disposition

Irregularity not found; inquiry concludes no relevant irregularity occurred.