In the Matter of an Inquiry Relating to an Election for an Office in the Victorian Baking Section of the Miscellaneous Workers Division of the Australian Liquor Hospitality & Miscellaneous Workers Union [1998] FCA 642

In the Matter of an Inquiry Relating to an Election for an Office in the Victorian Baking Section of the Miscellaneous Workers Division of the Australian Liquor Hospitality & Miscellaneous Workers Union [1998] FCA 642

An irregularity occurred because 133 persons who were not entitled to vote were sent ballot papers, but no order declaring Mr Gray's election void or requiring a new election should be made because the office was due to expire on 3 August 1998 and no equivalent office would exist thereafter, so there was no utility in ordering a new election. Since the election was not declared void, s 226(1)(b) was not engaged. The inquiry was therefore terminated, and Ms Ilias was certified as having acted reasonably in applying for it.

Jurisdiction
Australia
Judgment Date
28 May 1998
Procedural Posture
Inquiry Into Alleged Irregularity in a Registered Organisation Election / Reasons for Judgment and Orders After Hearing
Outcome
Irregularity declared; no declaration that the election was void; inquiry terminated; applicant certified as having acted reasonably.
Legal Topics
['registered Organisations' 'election Inquiry' 'irregularity in Election' 'ballot Papers Issued to Persons Not Entitled to Vote' 'discretion to Refuse Relief' 'certification That Applicant Acted Reasonably']
['industrial Law'] ['registered Organisations' 'election Inquiry' 'irregularity in Election' 'ballot Papers Issued to Persons Not Entitled to Vote' 'discretion to Refuse Relief' 'certification That Applicant Acted Reasonably']

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Procedural Posture

Inquiry Into Alleged Irregularity in a Registered Organisation Election / Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ['Whether an irregularity occurred in the election for the office of Baking Section Secretary-Treasurer because ballot papers were delivered to persons not entitled to vote.' 'Whether the Court should declare the election of Mr Gray void or order a new election despite the imminent abolition of the office.' 'Whether the Court should declare acts done by Mr Gray in relation to the Division 7A ballot application void under s 226(1)(b) of the Workplace Relations Act 1996 (Cth).' 'Whether the applicant acted reasonably in applying for the inquiry.']

Ratio Decidendi

An irregularity occurred because 133 persons who were not entitled to vote were sent ballot papers, but no order declaring Mr Gray's election void or requiring a new election should be made because the office was due to expire on 3 August 1998 and no equivalent office would exist thereafter, so there was no utility in ordering a new election. Since the election was not declared void, s 226(1)(b) was not engaged. The inquiry was therefore terminated, and Ms Ilias was certified as having acted reasonably in applying for it.

Court Disposition

Irregularity declared; no declaration that the election was void; inquiry terminated; applicant certified as having acted reasonably.

Orders

  • ['An irregularity has occurred in relation to the election for the office of Baking Section Secretary-Treasurer of the Miscellaneous Workers Division, Victorian Branch of the Australian Liquor Hospitality and Miscellaneous Workers Union as a result of the delivery of ballot papers to 133 persons who were not...