In the Matter of an Application pursuant to Section 159 of the Conciliation and Arbitration Act 1904 as amended and In the Matter of The Australian Workers Union [1985] FCA 628

In the Matter of an Application pursuant to Section 159 of the Conciliation and Arbitration Act 1904 as amended and In the Matter of The Australian Workers Union [1985] FCA 628

The nomination must comply with Rules 51 and 68, and the application did not establish reasonable grounds as all contentions failed; thus, the inquiry was not warranted.

Parties
Applicant: James Doyle; Respondent: The Australian Workers' Union
Jurisdiction
Australia
Judgment Date
18 December 1985
Procedural Posture
Application for Inquiry Into Election Irregularities / Decision on Application
Outcome
application dismissed
Legal Topics
Election Irregularities, Union Rules, Age Limitations on Candidacy
Industrial Law Election Irregularities Union Rules Age Limitations on Candidacy

Case Brief

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Parties

James Doyle

Applicant

The Australian Workers' Union

Respondent

Procedural Posture

Application for Inquiry Into Election Irregularities / Decision on Application

Legal Issues

  1. 1 Whether the rule preventing members over 65 years from standing for election contravened s.140(1) of the Conciliation and Arbitration Act 1904
  2. 2 Whether Rule 20A, read with Rule 13A, allowed applicant's nomination despite age restriction

Ratio Decidendi

The nomination must comply with Rules 51 and 68, and the application did not establish reasonable grounds as all contentions failed; thus, the inquiry was not warranted.

Court Disposition

application dismissed

Orders

  • Certificate granted that applicant acted reasonably under s.168(2)