Inquiry relating to elections for offices in the Construction, Forestry, Mining & Energy Union, FFTS Union Division; re Skourdoumbis [2001] FCA 1885

Inquiry relating to elections for offices in the Construction, Forestry, Mining & Energy Union, FFTS Union Division; re Skourdoumbis [2001] FCA 1885

The Court was not disposed to exercise its discretionary power to enlarge the time for inquiry into the past election due to lack of substantial reason for delay and the importance of finality in electoral disputes. No significant point remained for determination regarding the divisional officers' election since no meeting or election had occurred, and related issues were being determined in other proceedings. Accordingly, the inquiry was terminated.

Jurisdiction
Australia
Judgment Date
10 December 2001
Procedural Posture
Application for Inquiry Into Union Elections / Disposition Following Directions Hearing
Outcome
Application terminated
Legal Topics
['union Elections' 'time Limits for Inquiries' 'interpretation of Statutory Regulations' 'oppression or Imbalance in Union Rule' 'irregularities in Election Processes']
['employment Law' 'industrial Law'] ['union Elections' 'time Limits for Inquiries' 'interpretation of Statutory Regulations' 'oppression or Imbalance in Union Rule' 'irregularities in Election Processes']

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Procedural Posture

Application for Inquiry Into Union Elections / Disposition Following Directions Hearing

Legal Issues

  1. 1 ['Whether time fixed by reg 62(1)(b) of Workplace Relations Regulations for commencing an inquiry into an election should be enlarged' 'Whether irregularities occurred in the election for Divisional Conference Delegates' 'Whether union rules contravene s 196(c) of the Workplace Relations Act 1996 (Cth) by creating imbalance in voting strength' 'Whether there is a significant point to be determined in relation to inquiry for the divisional officers election']

Ratio Decidendi

The Court was not disposed to exercise its discretionary power to enlarge the time for inquiry into the past election due to lack of substantial reason for delay and the importance of finality in electoral disputes. No significant point remained for determination regarding the divisional officers' election since no meeting or election had occurred, and related issues were being determined in other proceedings. Accordingly, the inquiry was terminated.

Court Disposition

Application terminated

Orders

  • ['The inquiry instituted by application filed on 20 April 2001 be terminated.']