Asmar, in the matter of an Election for offices of the Health Services Union [2009] FCA 1294

Asmar, in the matter of an Election for offices of the Health Services Union [2009] FCA 1294

The Court was not satisfied that there were reasonable grounds to consider that an irregularity had occurred in relation to the election. The evidence did not support an inference that SMS telephone numbers were obtained from Union records; although Union letterhead meetings may have been used for campaigning, the Administrator had issued clear directions prohibiting the use of Union resources and had taken reasonable steps, so the Union or Branch had not used or allowed its resources to be used; and the slogan "Stronger Together" and clothing bearing the Union logo were not shown to be Union property or resources used or allowed by the Union for electoral purposes. Without reasonable...

Jurisdiction
Australia
Judgment Date
06 November 2009
Procedural Posture
Application for an Inquiry Under S 200 of the Fair Work (registered Organisations) Act 2009 (cth) Into an Election for Offices in the Health Services Union / Preliminary Determination Whether Reasonable Grounds Existed for the Application and Whether Interim Orders Should Be Made
Outcome
Application dismissed.
Legal Topics
['union Election Inquiry' 'irregularity in Election' 'use of Union Property or Resources' 'reasonable Grounds for Inquiry' 'interim Orders']
['industrial Law' 'registered Organisations' 'election Law'] ['union Election Inquiry' 'irregularity in Election' 'use of Union Property or Resources' 'reasonable Grounds for Inquiry' 'interim Orders']

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Procedural Posture

Application for an Inquiry Under S 200 of the Fair Work (registered Organisations) Act 2009 (cth) Into an Election for Offices in the Health Services Union / Preliminary Determination Whether Reasonable Grounds Existed for the Application and Whether Interim Orders Should Be Made

Legal Issues

  1. 1 ['Whether reasonable grounds existed for an application for an inquiry under s 200 of the Fair Work (Registered Organisations) Act 2009 (Cth).' 'Whether employees or candidates used Union membership information, Union meetings, Union letterhead, Union slogans or Union-supplied clothing to assist the Bolano team in the election.' 'Whether the Union or Branch used, or allowed to be used, its property or resources to help a candidate against another candidate contrary to s 190 of the Act.' 'Whether interim orders could or should be made pending an election inquiry.']

Ratio Decidendi

The Court was not satisfied that there were reasonable grounds to consider that an irregularity had occurred in relation to the election. The evidence did not support an inference that SMS telephone numbers were obtained from Union records; although Union letterhead meetings may have been used for campaigning, the Administrator had issued clear directions prohibiting the use of Union resources and had taken reasonable steps, so the Union or Branch had not used or allowed its resources to be used; and the slogan "Stronger Together" and clothing bearing the Union logo were not shown to be Union property or resources used or allowed by the Union for electoral purposes. Without reasonable...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']