In the matter of an application by Hossein Chizari for an Inquiry relating to an election for officers in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Vehicle Division - Victorian Region [1995] IRCA 594

In the matter of an application by Hossein Chizari for an Inquiry relating to an election for officers in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Vehicle Division - Victorian Region [1995] IRCA 594

The State Council was empowered by the organisation's rules to pass the 18 October 1995 resolution reducing the number of State Organiser positions, National Council had approved it, and the resolution validly operated so that only two State Organiser offices needed to be filled from 1 January 1996. The resolution did not alter the rules of the election that had been called for the offices of Messrs Long and Gardiner and caused no injustice warranting relief. Accordingly, no irregularity had happened in relation to the election for the two State Organiser positions, and the inquiry was terminated.

Jurisdiction
Australia
Judgment Date
08 November 1995
Procedural Posture
Application for an Inquiry Relating to an Election for Officers in a Registered Organisation / Hearing of Inquiry; Final Order Terminating the Inquiry
Outcome
Inquiry terminated.
Legal Topics
['amalgamation of Registered Organisations' 'union Rules' 'transitional Provisions' 'union Elections' 'state Organiser Positions' 'validity and Effect of State Council Resolution']
['industrial Law'] ['amalgamation of Registered Organisations' 'union Rules' 'transitional Provisions' 'union Elections' 'state Organiser Positions' 'validity and Effect of State Council Resolution']

Case Brief

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 Relating to an Election for Officers in a Registered Organisation / Hearing of Inquiry; Final Order Terminating the Inquiry

Legal Issues

  1. 1 ['Whether the State Council was empowered to resolve on 18 October 1995 to abolish two vacant State Organiser positions in the Vehicle Division, Victorian Region.' "Whether the resolution was valid under the organisation's rules, including Rule 45.14(a)(v) and Rule 23.1(b)." 'Whether the election was required to proceed for two or four State Organiser positions taking office on 1 January 1996.' "Whether the resolution operated impermissibly retrospectively or caused injustice to members' asserted rights to elect four organisers." 'Whether any irregularity had happened in relation to the election for two State Organiser positions.']

Ratio Decidendi

The State Council was empowered by the organisation's rules to pass the 18 October 1995 resolution reducing the number of State Organiser positions, National Council had approved it, and the resolution validly operated so that only two State Organiser offices needed to be filled from 1 January 1996. The resolution did not alter the rules of the election that had been called for the offices of Messrs Long and Gardiner and caused no injustice warranting relief. Accordingly, no irregularity had happened in relation to the election for the two State Organiser positions, and the inquiry was terminated.

Court Disposition

Inquiry terminated.

Orders

  • ['The inquiry is terminated.']