Kelly, in the matter of an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (No 3) [2011] FCA 564

Kelly, in the matter of an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (No 3) [2011] FCA 564

Mr Veney became ineligible for election to the position of Branch Secretary upon his name being purged from the Register of Members, as only members are eligible for office under the applicable Union rules.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 May 2011
Procedural Posture
Application for an Inquiry Into a Union Election / Judgment After Inquiry and Hearing
Outcome
Declaration granted; application otherwise dismissed.
Legal Topics
['union Elections' 'member Eligibility' 'declaratory Relief' 'interpretation of Union Rules']
['industrial Law'] ['union Elections' 'member Eligibility' 'declaratory Relief' 'interpretation of Union Rules']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for an Inquiry Into a Union Election / Judgment After Inquiry and Hearing

Legal Issues

  1. 1 ["Whether an 'irregularity' occurred in the union election process" 'Whether Mr Veney was eligible for election to the position of Branch Secretary after being purged from the union register']

Ratio Decidendi

Mr Veney became ineligible for election to the position of Branch Secretary upon his name being purged from the Register of Members, as only members are eligible for office under the applicable Union rules.

Court Disposition

Declaration granted; application otherwise dismissed.

Orders

  • ['Mr Allan Veney is not eligible for appointment to the position of Branch Secretary of the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union.' 'The Application is otherwise dismissed.']