Application of the Electoral Commissioner [2014] FCA 588

Application of the Electoral Commissioner [2014] FCA 588

The incorrect notification in the Nomination Form of 25 March 2014 as the closing date, when the correct closing date was 25 February 2014, constituted an irregularity in the election. The irregularity may have affected the result because Mr Anthony Mattar's nomination was received after the correct closing date but before the erroneously notified date. The declaration of Ms O'Sullivan's unopposed election was therefore void, Mr Mattar's nomination was to be accepted, and the Returning Officer was to proceed to a ballot.

Jurisdiction
Australia
Judgment Date
04 June 2014
Procedural Posture
Originating Application for an Inquiry Under S 200 of the Fair Work (registered Organisations) Act 2009 (cth) / Inquiry and Determination Under S 206
Outcome
Application granted; declaration of results declared void and further election steps ordered.
Legal Topics
['registered Organisations' 'election Irregularity' 'nomination Closing Date' 'void Election Declaration']
['industrial Law'] ['registered Organisations' 'election Irregularity' 'nomination Closing Date' 'void Election Declaration']

Case Brief

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Procedural Posture

Originating Application for an Inquiry Under S 200 of the Fair Work (registered Organisations) Act 2009 (cth) / Inquiry and Determination Under S 206

Legal Issues

  1. 1 ["Whether an irregularity occurred in relation to the election for the office of Alternate Chairman of the Suppliers and Subcontractors Council of the Master Builders' Association of the Australian Capital Territory." 'Whether the Suppliers and Subcontractors Council was a branch and the position of Alternate Chairman was an office for the purposes of the Fair Work (Registered Organisations) Act 2009 (Cth).' "Whether the declaration of the election result should be declared void and whether Mr Anthony Mattar's nomination should be accepted."]

Ratio Decidendi

The incorrect notification in the Nomination Form of 25 March 2014 as the closing date, when the correct closing date was 25 February 2014, constituted an irregularity in the election. The irregularity may have affected the result because Mr Anthony Mattar's nomination was received after the correct closing date but before the erroneously notified date. The declaration of Ms O'Sullivan's unopposed election was therefore void, Mr Mattar's nomination was to be accepted, and the Returning Officer was to proceed to a ballot.

Court Disposition

Application granted; declaration of results declared void and further election steps ordered.

Orders

  • ["The declaration of results for the office of Alternate Chairman of the Suppliers and Subcontractors Council of the Master Builders' Association of the Australian Capital Territory dated 26 February 2014 is void." 'The Nomination Form of Mr Anthony Mattar dated 18 February 2014 and received by the Australian...