Electoral Commissioner, in the matter of an Inquiry Relating to Election for an Office in the Australian Education Union (SA Branch) [2018] FCA 2074

Electoral Commissioner, in the matter of an Inquiry Relating to Election for an Office in the Australian Education Union (SA Branch) [2018] FCA 2074

The issuance and inclusion of votes from ineligible persons breached branch rules, comprising an irregularity that may have affected the election result; the election must be declared void and a new ballot held with fresh nominations.

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Application for Inquiry Into Election Irregularity / Final Judgment
Outcome
Election declared void; order for new election and consequential orders; inquiry terminated.
Legal Topics
['election Irregularity' 'union Elections' 'democratic Process in Registered Organisations']
['industrial Law' 'employment Law'] ['election Irregularity' 'union Elections' 'democratic Process in Registered Organisations']

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Procedural Posture

Application for Inquiry Into Election Irregularity / Final Judgment

Legal Issues

  1. 1 ['Whether an irregularity occurred in the election for Branch Executive Officer (Female) in the SA Branch of the AEU' 'Whether the result of the election was affected by inclusion of ineligible votes' 'Appropriate remedial orders under Fair Work (Registered Organisations) Act 2009 (Cth)']

Ratio Decidendi

The issuance and inclusion of votes from ineligible persons breached branch rules, comprising an irregularity that may have affected the election result; the election must be declared void and a new ballot held with fresh nominations.

Court Disposition

Election declared void; order for new election and consequential orders; inquiry terminated.

Orders

  • ['All steps taken in the election for the casual vacancy for Branch Executive Officer (Female) in the SA Branch of AEU are void.' "The name of the applicant is amended to 'Electoral Commissioner'." 'ROC to arrange for provision of election timetable, preparation/submission of roll of voters, issuing of election...