Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 620

Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 620

The allegations that 83 members were omitted from the roll and that multiple nominations were wrongly rejected raised complex factual and interpretive disputes under the CFMMEU National Rules and Manufacturing Division Rules and provided a substantial factual foundation for suspicion of irregularities, so the Court was required to order an inquiry under s 201. However, interim relief was refused because the balance of convenience favoured allowing the election to proceed: the application was heard very close to the ballot opening, the AEC had already incurred costs and committed resources, several offices had already been declared uncontested, the proposed orders were too broad, and s 206...

Jurisdiction
Australia
Judgment Date
08 June 2021
Procedural Posture
Urgent Originating Applications Under the Fair Work (registered Organisations) Act 2009 (cth) Concerning Election E2020/114 in the Manufacturing Division of the CFMMEU / Determination of Application for an Inquiry Under S 200 and Application for Interim Orders Under S 204
Outcome
Inquiry ordered in QUD 168 of 2021; application for interim orders dismissed in QUD 169 of 2021.
Legal Topics
['union Office Elections' 'election Inquiry' 'alleged Electoral Irregularities' 'roll of Voters' 'rejection of Nominations' 'interim Orders']
['industrial Law' 'employment and Industrial Relations' 'registered Organisations'] ['union Office Elections' 'election Inquiry' 'alleged Electoral Irregularities' 'roll of Voters' 'rejection of Nominations' 'interim Orders']

Case Brief

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Procedural Posture

Urgent Originating Applications Under the Fair Work (registered Organisations) Act 2009 (cth) Concerning Election E2020/114 in the Manufacturing Division of the CFMMEU / Determination of Application for an Inquiry Under S 200 and Application for Interim Orders Under S 204

Legal Issues

  1. 1 ['Whether there were reasonable grounds under s 201 of the Fair Work (Registered Organisations) Act 2009 (Cth) for an inquiry into alleged irregularities in election E2020/114.' 'Whether alleged omission of 83 northern New South Wales members from the roll of voters constituted an irregularity.' 'Whether rejection of nominations of alleged financial members for offices in the election constituted an irregularity.' 'Whether interim orders should be made under s 204 restraining further steps in the election and regulating who may act in offices pending the inquiry.']

Ratio Decidendi

The allegations that 83 members were omitted from the roll and that multiple nominations were wrongly rejected raised complex factual and interpretive disputes under the CFMMEU National Rules and Manufacturing Division Rules and provided a substantial factual foundation for suspicion of irregularities, so the Court was required to order an inquiry under s 201. However, interim relief was refused because the balance of convenience favoured allowing the election to proceed: the application was heard very close to the ballot opening, the AEC had already incurred costs and committed resources, several offices had already been declared uncontested, the proposed orders were too broad, and s 206...

Court Disposition

Inquiry ordered in QUD 168 of 2021; application for interim orders dismissed in QUD 169 of 2021.

Orders

  • ['In QUD 168 of 2021: An Inquiry into alleged irregularities in respect of the election for officers in the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union in election E2020/114, to be conducted at a date to be fixed.' 'In QUD 169 of 2021: The application be dismissed.']