In the Matter of an Inquiry into Elections for Offices in the Communication Workers' Union of Australia [1995] IRCA 230

In the Matter of an Inquiry into Elections for Offices in the Communication Workers' Union of Australia [1995] IRCA 230

Section 221 allows interim orders only in respect of offices directly subject to the election inquiry. The office held by Mr Cook as Sectional Representative is not subject to the election being inquired into; thus, the Court has no statutory power under s221 to make the order sought.

Parties
Applicant: Mr Noel Battese; Respondent: Mr Allan Jarman; Respondent: Mr Jalal Natour; Respondent: Australian Electoral Commission; Respondent: Mr Quentin Cook; Respondent: Communication Workers' Union of Australia; Respondent: Counsel for First Respondent; Respondent: Counsel for Second Respondent; Respondent: Counsel for Third Respondent; Respondent: Counsel for Fourth Respondent
Jurisdiction
Australia
Judgment Date
01 June 1995
Procedural Posture
Inquiry / Interlocutory Application for Interim Orders
Outcome
application dismissed
Legal Topics
Organisations, Elections in Unions, Interlocutory Orders, Statutory Interpretation
Industrial Law Organisations Elections in Unions Interlocutory Orders Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mr Noel Battese

Applicant

Mr Allan Jarman

Respondent

Mr Jalal Natour

Respondent

Australian Electoral Commission

Respondent

Mr Quentin Cook

Respondent

Communication Workers' Union of Australia

Respondent

Counsel for First Respondent

Respondent

Counsel for Second Respondent

Respondent

Counsel for Third Respondent

Respondent

Counsel for Fourth Respondent

Respondent

Procedural Posture

Inquiry / Interlocutory Application for Interim Orders

Legal Issues

  1. 1 Whether the Court has power under s221 of the Industrial Relations Act 1988 (Cth) to make interlocutory orders concerning offices not directly subject to the inquiry

Ratio Decidendi

Section 221 allows interim orders only in respect of offices directly subject to the election inquiry. The office held by Mr Cook as Sectional Representative is not subject to the election being inquired into; thus, the Court has no statutory power under s221 to make the order sought.

Court Disposition

application dismissed

Orders

  • The application made by notice of motion filed 8 May 1995 be dismissed.