Reference by Industrial Registrar pursuant to s 252 of Industrial Relations Act 1996 of an application by the Secretary of the Real Estate Association of New South Wales for an inquiry into the election of officers of the Association's Executive Committee [2004] NSWIRComm 292

Reference by Industrial Registrar pursuant to s 252 of Industrial Relations Act 1996 of an application by the Secretary of the Real Estate Association of New South Wales for an inquiry into the election of officers of the Association's Executive Committee [2004] NSWIRComm 292

Mr Edwards was validly a member at all material times and eligible for nomination as he had not resigned, nor had the Executive Committee removed him. Members who become employers do not automatically cease membership absent an explicit rule; waiving of fees, while not sanctioned by the rules, did not invalidate his status since no steps to enforce financiality were taken and arrears were later paid. No irregularity was found in the 2003 election concerning Mr Edwards' eligibility. The inquiry did not extend to the process for filling casual vacancies.

Jurisdiction
Australia
Judgment Date
30 September 2004
Procedural Posture
Reference by Industrial Registrar for Election Inquiry / Judgment After Inquiry
Outcome
Inquiry terminated; no irregularity found in election of Mr Edwards.
Legal Topics
['registered Organisations' 'election of Officers' 'eligibility for Membership' 'financial Status of Members' 'union Constitutional Interpretation']
['industrial Law'] ['registered Organisations' 'election of Officers' 'eligibility for Membership' 'financial Status of Members' 'union Constitutional Interpretation']

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Procedural Posture

Reference by Industrial Registrar for Election Inquiry / Judgment After Inquiry

Legal Issues

  1. 1 ['Whether Mr Edwards was eligible to remain a member and stand for office after becoming an employer' "Whether Mr Edwards' financial status invalidated his election to office"]

Ratio Decidendi

Mr Edwards was validly a member at all material times and eligible for nomination as he had not resigned, nor had the Executive Committee removed him. Members who become employers do not automatically cease membership absent an explicit rule; waiving of fees, while not sanctioned by the rules, did not invalidate his status since no steps to enforce financiality were taken and arrears were later paid. No irregularity was found in the 2003 election concerning Mr Edwards' eligibility. The inquiry did not extend to the process for filling casual vacancies.

Court Disposition

Inquiry terminated; no irregularity found in election of Mr Edwards.

Orders

  • ['The inquiry into the September 2003 election of officers to the Executive Committee of the Real Estate Association of New South Wales is terminated.']