Jones, in the matter of an application for an inquiry relating to an election of an office in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (SA Branch) [2004] FCA 462

Jones, in the matter of an application for an inquiry relating to an election of an office in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (SA Branch) [2004] FCA 462

Mr Noack did not satisfy the union rule requiring nine months' qualifying employment or unemployment on account of inability to obtain employment in a relevant trade or industry. His work with the SA Government was not employment in a trade or calling connected with which the union is registered and his period of unemployment for qualifying jobs was too short to satisfy the rules. Therefore, his nomination for the office was ineligible and irregular.

Parties
Applicant: Ian Jones; Respondent: Paul Michael Noack; Interested Party: Australian Electoral Commission
Jurisdiction
Australia
Judgment Date
20 April 2004
Procedural Posture
Election Inquiry / Final Judgment
Outcome
Nomination voided; irregularity declared; election steps to proceed on valid nominations; inquiry terminated.
Legal Topics
Registered Organisation, Union Election Eligibility, Union Rules, Election Irregularity
Industrial Law Registered Organisation Union Election Eligibility Union Rules Election Irregularity

Case Brief

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Parties

Ian Jones

Applicant

Paul Michael Noack

Respondent

Australian Electoral Commission

Interested Party

Procedural Posture

Election Inquiry / Final Judgment

Legal Issues

  1. 1 Whether a candidate fulfilled the eligibility requirements under union rules for election to office
  2. 2 Whether candidate was employed in an industry or trade in connection with which the union is registered
  3. 3 Whether candidate was unable to obtain employment to satisfy nomination requirements

Ratio Decidendi

Mr Noack did not satisfy the union rule requiring nine months' qualifying employment or unemployment on account of inability to obtain employment in a relevant trade or industry. His work with the SA Government was not employment in a trade or calling connected with which the union is registered and his period of unemployment for qualifying jobs was too short to satisfy the rules. Therefore, his nomination for the office was ineligible and irregular.

Court Disposition

Nomination voided; irregularity declared; election steps to proceed on valid nominations; inquiry terminated.

Orders

  • Declare that the acceptance by the returning officer of the nomination for election for the office of South Australian Branch Secretary of the AFMEPKIU lodged by Paul Michael Noack on 24 February is void.
  • Declare that an irregularity has occurred in the election for the position of Branch Secretary in the South Australian Branch of the AFMEPKIU.