Application by Damien Stapleton for an Inquiry into an election for Offices in the Australian Theatrical & Amusement Employees Association [1983] FCA 254

Application by Damien Stapleton for an Inquiry into an election for Offices in the Australian Theatrical & Amusement Employees Association [1983] FCA 254

Irregularities in the conduct of the 1982 branch election, specifically the operation of rules r.9(a) and r.47(c), which were invalid as they contravened s.140(1)(c) of the Conciliation and Arbitration Act 1904, rendered the selection process unreasonable and oppressive. The presence of these invalid rules and related voting roll irregularities was sufficient to establish that the result of the election may have been affected. Accordingly, the election must be declared void and a new election ordered.

Parties
Applicant: Damien Stapleton; Respondent (successful Candidate): Simon Jenkins; Respondent (successful Candidate): Lyn Gailey; Respondent (successful Candidate): Michael Taylor; Respondent (successful Candidate): Peter Wallace McGill; Applicant: John David Weston; Applicant: George Ryan; Organization/respondent: Australian Theatrical and Amusement Employees Association (ATAEA); Other (cost Order): Mr Ford; Other (cost Order): Mr Nelson; Other (cost Order): Mr Jenkins; Other (cost Order): Mr Taylor
Jurisdiction
Australia
Judgment Date
31 August 1983
Procedural Posture
Application for Inquiry Into Union Election / Post Inquiry Judgment and Orders
Outcome
Application granted in part for Damien Stapleton; inquiry applications by George Ryan and John David Weston dismissed or terminated.
Legal Topics
Trade Unions, Registered Organisations, Trade Union Elections, Conciliation and Arbitration Act 1904, Rule Amendments, Irregularities in Union Elections, Financial Status of Union Members, Qualification for Office, Unfinancial Members, Relief and Remedies in Union Regulation
Industrial Law Trade Unions Registered Organisations Trade Union Elections Conciliation and Arbitration Act 1904 Rule Amendments Irregularities in Union Elections Financial Status of Union Members +3 more

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Parties

Damien Stapleton

Applicant

Simon Jenkins

Respondent (successful Candidate)

Lyn Gailey

Respondent (successful Candidate)

Michael Taylor

Respondent (successful Candidate)

Peter Wallace McGill

Respondent (successful Candidate)

John David Weston

Applicant

George Ryan

Applicant

Australian Theatrical and Amusement Employees Association (ATAEA)

Organization/respondent

Mr Ford

Other (cost Order)

Mr Nelson

Other (cost Order)

Mr Jenkins

Other (cost Order)

Mr Taylor

Other (cost Order)

Procedural Posture

Application for Inquiry Into Union Election / Post Inquiry Judgment and Orders

Legal Issues

  1. 1 Whether the Industrial Registrar has the power to delete or amend parts of rule amendments submitted for consent under the Conciliation and Arbitration Act 1904
  2. 2 Whether rules requiring unfinancial members, on paying arrears, to remain unfinancial for a further month are oppressive, unreasonable or unjust under s.140(1)(c) of the Act
  3. 3 Whether rules requiring candidates for office to have been continuously financial for 12 months prior to nomination are oppressive, unreasonable or unjust

Ratio Decidendi

Irregularities in the conduct of the 1982 branch election, specifically the operation of rules r.9(a) and r.47(c), which were invalid as they contravened s.140(1)(c) of the Conciliation and Arbitration Act 1904, rendered the selection process unreasonable and oppressive. The presence of these invalid rules and related voting roll irregularities was sufficient to establish that the result of the election may have been affected. Accordingly, the election must be declared void and a new election ordered.

Court Disposition

Application granted in part for Damien Stapleton; inquiry applications by George Ryan and John David Weston dismissed or terminated.

Orders

  • Determined that irregularities occurred in the 1982 election for all offices of the NSW Branch of ATAEA.
  • Ordered that a new election for all offices in the New South Wales Branch of ATAEA be held by the Industrial Registrar, under s.165A Conciliation and Arbitration Act, following a scheme and timetable set out in the judgment.