Asmar, in the matter of an election for office in the Victoria No 1 Branch of the Health Services Union (No 2) [2014] FCA 1113

Asmar, in the matter of an election for office in the Victoria No 1 Branch of the Health Services Union (No 2) [2014] FCA 1113

The Returning Officer's acceptance of the nominations lodged by Ms Govan and Mr Martorana was void because each nomination failed to comply with the HSU Rules. Ms Govan had not paid dues, had been purged from the register, was not a member, and lacked the required continuity of financial membership; the HSU had not prevented her from doing what was required to regain financial status. Mr Martorana had not worked or sought work in a relevant calling for years, was not elected or appointed to a relevant HSU office at the time of nomination, was not 'usually employed' in a calling covered by rule 3A, and his membership had terminated by operation of s 171A of the FWRO Act. These...

Jurisdiction
Australia
Judgment Date
17 October 2014
Procedural Posture
Application for an Inquiry Into Alleged Irregularities in an Election for Offices in the Victoria No 1 Branch of the Health Services Union Under the Fair Work (registered Organisations) Act 2009 (cth) / Final Judgment Making Declarations, Orders and Directions After Hearing
Outcome
The Court declared void the Returning Officer's acceptance of the nominations lodged by Jayne Govan and Jamie Martorana, set aside the interim restraint on election steps, and directed that the uncompleted steps in the Election proceed with an opportunity for the remaining Martorana Team members to remedy the...
Legal Topics
['registered Organisations' 'union Elections' 'election Irregularities' 'eligibility for Union Office' 'union Membership and Financial Status' 'usually Employed in an Industry']
['industrial Law'] ['registered Organisations' 'union Elections' 'election Irregularities' 'eligibility for Union Office' 'union Membership and Financial Status' 'usually Employed in an Industry']

Case Brief

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Procedural Posture

Application for an Inquiry Into Alleged Irregularities in an Election for Offices in the Victoria No 1 Branch of the Health Services Union Under the Fair Work (registered Organisations) Act 2009 (cth) / Final Judgment Making Declarations, Orders and Directions After Hearing

Legal Issues

  1. 1 ["Whether the Returning Officer's acceptance of Jayne Govan's nominations for Branch Assistant Secretary and National Council Delegate was an irregularity because she was not a member or financial member of the Health Services Union when she nominated." "Whether the Returning Officer's acceptance of Jamie Martorana's nominations for Branch Secretary and National Council Delegate was an irregularity because he was not employed or usually employed in a calling covered by the Health Services Union membership rules and was not a member when he nominated." 'Whether the irregularities may have affected the result of the Election so that the acceptance of the nominations should be declared void.' 'What directions should be made for the remaining steps in the Election and for the Martorana Team nomination.']

Ratio Decidendi

The Returning Officer's acceptance of the nominations lodged by Ms Govan and Mr Martorana was void because each nomination failed to comply with the HSU Rules. Ms Govan had not paid dues, had been purged from the register, was not a member, and lacked the required continuity of financial membership; the HSU had not prevented her from doing what was required to regain financial status. Mr Martorana had not worked or sought work in a relevant calling for years, was not elected or appointed to a relevant HSU office at the time of nomination, was not 'usually employed' in a calling covered by rule 3A, and his membership had terminated by operation of s 171A of the FWRO Act. These...

Court Disposition

The Court declared void the Returning Officer's acceptance of the nominations lodged by Jayne Govan and Jamie Martorana, set aside the interim restraint on election steps, and directed that the uncompleted steps in the Election proceed with an opportunity for the remaining Martorana Team members to remedy the...

Orders

  • ['Pursuant to s 206(4)(a) of the Fair Work (Registered Organisations) Act 2009 (Cth), the acceptance by the Returning Officer of the Australian Electoral Commission of the nominations lodged by each of Ms Jayne Govan and Mr Jamie Martorana in the Health Services Union Scheduled Election 2014 Victoria No 1 Branch is...