Main, In the matter of an Election for an Office in the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union; Victorian Divisional Branch; Electrical Division [1999] FCA 1080

Main, In the matter of an Election for an Office in the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union; Victorian Divisional Branch; Electrical Division [1999] FCA 1080

Even if all factual allegations were made out, the alleged use of Union funds or resources for electioneering and the alleged supply of a less useful member roll did not amount to an irregularity in or in connection with an election because they did not involve a departure from a rule, practice or principle governing the conduct of the election. The application therefore had to be dismissed.

Jurisdiction
Australia
Judgment Date
03 August 1999
Procedural Posture
Application for an Inquiry Into an Election in the Victorian Divisional Branch (electrical Division) of the Communications, Electrical, Electronic Energy Information, Postal, Plumbing and Allied Services Union / Application Dismissed on 3 August 1999
Outcome
Application dismissed.
Legal Topics
['union Election Inquiry' 'irregularity in or in Connection With an Election' 'use of Union Funds and Resources for Electioneering' 'member Roll Supplied to Returning Officer']
['industrial Law' 'election Law'] ['union Election Inquiry' 'irregularity in or in Connection With an Election' 'use of Union Funds and Resources for Electioneering' 'member Roll Supplied to Returning Officer']

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Procedural Posture

Application for an Inquiry Into an Election in the Victorian Divisional Branch (electrical Division) of the Communications, Electrical, Electronic Energy Information, Postal, Plumbing and Allied Services Union / Application Dismissed on 3 August 1999

Legal Issues

  1. 1 ['Whether the alleged expending of Union funds in preparing, publishing and distributing electioneering material in favour of candidates was an irregularity in or in connection with an election within the meaning of s.218 of the Workplace Relations Act.' 'Whether supplying a roll of members to the returning officer in a form alleged to be less useful to candidates than rolls available to incumbent officers was an irregularity in or in connection with an election.' "Whether the applicant's alleged failure to comply with Reg 62 by not accompanying the application with a statutory declaration needed to be considered."]

Ratio Decidendi

Even if all factual allegations were made out, the alleged use of Union funds or resources for electioneering and the alleged supply of a less useful member roll did not amount to an irregularity in or in connection with an election because they did not involve a departure from a rule, practice or principle governing the conduct of the election. The application therefore had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']