Re Election for Office in the Construction, Forestry, Mining and Energy Union; Ex parte Sutton [2002] FCA 971

Re Election for Office in the Construction, Forestry, Mining and Energy Union; Ex parte Sutton [2002] FCA 971

Rule 16(i), construed in the context of the CFMEU Rules and the union's divisional structure, required the National Assistant Secretary to be the nominee of a Division with more than one Divisional Branch. Mr Sutton was the only nominee for that office who answered that description, and there was no suggestion that Mr Kingham was a nominee of any Division. The Returning Officer's acceptance of Mr Kingham's nomination was therefore an irregularity, and the result of the election may have been affected, so the calling for and acceptance of nominations should be declared void and the Industrial Registrar directed to arrange the further election steps.

Jurisdiction
Australia
Judgment Date
31 July 2002
Procedural Posture
Inquiry Into an Election for Office in a Registered Organisation Pursuant to S 219 of the Workplace Relations Act 1996 (cth) / Final Orders and Ex Tempore Reasons for Judgment Following Inquiry
Outcome
Application allowed; irregularity established and relief granted.
Legal Topics
['registered Organisations' 'union Elections' 'election Irregularity' 'construction of Union Rules' 'national Assistant Secretary of Cfmeu']
['industrial Law'] ['registered Organisations' 'union Elections' 'election Irregularity' 'construction of Union Rules' 'national Assistant Secretary of Cfmeu']

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Procedural Posture

Inquiry Into an Election for Office in a Registered Organisation Pursuant to S 219 of the Workplace Relations Act 1996 (cth) / Final Orders and Ex Tempore Reasons for Judgment Following Inquiry

Legal Issues

  1. 1 ["Whether the Returning Officer's acceptance of Mr Martin Kingham's nomination for the office of National Assistant Secretary was an irregularity in the election." "Whether Rule 16(i) of the CFMEU Rules limited nominations for National Assistant Secretary to a nominee of a Division chosen by resolution from that Division's National Conference." 'Whether any irregularity may have affected the result of the election and warranted relief under s 223 of the Workplace Relations Act 1996 (Cth).']

Ratio Decidendi

Rule 16(i), construed in the context of the CFMEU Rules and the union's divisional structure, required the National Assistant Secretary to be the nominee of a Division with more than one Divisional Branch. Mr Sutton was the only nominee for that office who answered that description, and there was no suggestion that Mr Kingham was a nominee of any Division. The Returning Officer's acceptance of Mr Kingham's nomination was therefore an irregularity, and the result of the election may have been affected, so the calling for and acceptance of nominations should be declared void and the Industrial Registrar directed to arrange the further election steps.

Court Disposition

Application allowed; irregularity established and relief granted.

Orders

  • ['The calling for and acceptance of nominations for the office of National Assistant Secretary of the Construction, Forestry, Mining and Energy Union should be declared void.' 'The Industrial Registrar is directed to make arrangements for the calling of nominations and for all other steps in the election to be taken.']