Inquiry into the election in the Australian Postal & Telecommunications Union v Wilson, E.K. [1979] FCA 162

Inquiry into the election in the Australian Postal & Telecommunications Union v Wilson, E.K. [1979] FCA 162

The open letter was designed to disadvantage some candidates and advantage others and was produced using union funds, amounting to a breach of an implied union rule, but it was not an irregularity within the meaning of the Act because the vice was the use of union funds rather than conduct preventing or hindering the full and free recording of votes. The computer malfunction that caused some ballot papers not to be sent was an irregularity, but the possible number of affected votes was too small and the evidence did not persuade the Court that the result of the election may have been affected. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
20 December 1979
Procedural Posture
Application Pursuant to S.159 of the Conciliation and Arbitration Act 1904 for an Inquiry Into a Union Election / Judgment After Hearing
Outcome
Application dismissed.
Legal Topics
['union Election Irregularity' 'use of Union Funds for Election Material' 'disfranchisement Due to Ballot Paper Distribution Error' 'conciliation and Arbitration Act 1904 Ss.4 and 165']
['industrial Law' 'trade Union Law' 'election Law'] ['union Election Irregularity' 'use of Union Funds for Election Material' 'disfranchisement Due to Ballot Paper Distribution Error' 'conciliation and Arbitration Act 1904 Ss.4 and 165']

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Procedural Posture

Application Pursuant to S.159 of the Conciliation and Arbitration Act 1904 for an Inquiry Into a Union Election / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the general secretary-treasurer's open letter, circulated on union letterhead and paid for from union funds, was a breach of an implied rule of the union and an irregularity within the meaning of the Conciliation and Arbitration Act 1904." 'Whether members who did not receive ballot papers because of a computer malfunction established an irregularity that may have affected the result of the election.' 'Whether the election or any step in it should be declared void under s.165(4) of the Conciliation and Arbitration Act 1904.']

Ratio Decidendi

The open letter was designed to disadvantage some candidates and advantage others and was produced using union funds, amounting to a breach of an implied union rule, but it was not an irregularity within the meaning of the Act because the vice was the use of union funds rather than conduct preventing or hindering the full and free recording of votes. The computer malfunction that caused some ballot papers not to be sent was an irregularity, but the possible number of affected votes was too small and the evidence did not persuade the Court that the result of the election may have been affected. The application was therefore dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The exhibits may be returned.' "The application for a certificate under s.168(2) of the Act is stood over to a date to be fixed and notified by the judge's associate in February." 'Leave was given to any other party to make a similar application under the Act at that time.']