An application under s 218 of the Industrial Relations Act 1988 by Ms S Baillie for an inquiry in relation to an election for offices in the Automotive Food Metals & Engineering Union, Vehicle Division, Victorian Region & An application by Ms G Tierney for a declaration under s 260 of the Act & An application by Ms S Baillie for a declaration under s 257 of the Act [1995] IRCA 560

An application under s 218 of the Industrial Relations Act 1988 by Ms S Baillie for an inquiry in relation to an election for offices in the Automotive Food Metals & Engineering Union, Vehicle Division, Victorian Region & An application by Ms G Tierney for a declaration under s 260 of the Act & An application by Ms S Baillie for a declaration under s 257 of the Act [1995] IRCA 560

Ms Tierney was not eligible for membership of the VBEF or AFMEU under their rules at the time of her purported admission, and s.256 does not cure ineligibility for membership; however, from 5 December 1994 Ms Tierney became eligible for membership of the AFMEU and, under s.260, is entitled to be admitted and treated as a member as though she had been one throughout her period of acting in good faith and being treated as such by the AFMEU, i.e. from 8 February 1993. Nevertheless, she was not a member for the required 3 years prior to nomination, so her nomination and election were invalid and constituted an electoral irregularity.

Parties
Applicant: Ms S Baillie; Respondent: Ms Gayle Tierney; Respondent: Automotive Food Metals & Engineering Union (AFMEU)
Jurisdiction
Australia
Judgment Date
29 September 1995
Procedural Posture
Preliminary Inquiry and Declarations Under Statute (industrial Relations Act 1988) / Reasons for Judgment After Final Hearing, Further Orders to Be Made After Parties' Submissions
Outcome
Court found an irregularity in nomination and election, declared Ms Tierney not validly nominated or elected; no final orders made pending further submissions.
Legal Topics
Union Membership, Union Elections, Statutory Interpretation, Amalgamation of Unions
Industrial Law Employment Law Union Membership Union Elections Statutory Interpretation Amalgamation of Unions

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 11 Party arguments 2
Sign in to unlock

Parties

Ms S Baillie

Applicant

Ms Gayle Tierney

Respondent

Automotive Food Metals & Engineering Union (AFMEU)

Respondent

Procedural Posture

Preliminary Inquiry and Declarations Under Statute (industrial Relations Act 1988) / Reasons for Judgment After Final Hearing, Further Orders to Be Made After Parties' Submissions

Legal Issues

  1. 1 Whether Ms Gayle Tierney was eligible for membership of the VBEF and AFMEU under their rules
  2. 2 Whether the Secretary's act in enrolling Ms Tierney was validated by s.256 of the Industrial Relations Act 1988
  3. 3 Whether Ms Tierney is entitled to be treated as a member by operation of s.260 of the Act and thus eligible for nomination and election to union office

Ratio Decidendi

Ms Tierney was not eligible for membership of the VBEF or AFMEU under their rules at the time of her purported admission, and s.256 does not cure ineligibility for membership; however, from 5 December 1994 Ms Tierney became eligible for membership of the AFMEU and, under s.260, is entitled to be admitted and treated as a member as though she had been one throughout her period of acting in good faith and being treated as such by the AFMEU, i.e. from 8 February 1993. Nevertheless, she was not a member for the required 3 years prior to nomination, so her nomination and election were invalid and constituted an electoral irregularity.

Court Disposition

Court found an irregularity in nomination and election, declared Ms Tierney not validly nominated or elected; no final orders made pending further submissions.