In the Matter of an Application by Peter Marshall under Section 218 of the said Act in relation to the United Firefighters Union of Australia [1995] IRCA 232

In the Matter of an Application by Peter Marshall under Section 218 of the said Act in relation to the United Firefighters Union of Australia [1995] IRCA 232

The returning officer's ballot paper direction, "To make your vote count, number every box ...", contradicted the Union rules providing for optional preferential voting and was an irregularity. Evidence showed that voters were led to record more preferences, or to vote in more contested elections, than they otherwise would have. The Court was satisfied that the irregularities may have affected the result of each election within s 223(4) of the Industrial Relations Act, so each election was declared void.

Jurisdiction
Australia
Judgment Date
01 May 1995
Procedural Posture
Application Under S 218 of the Industrial Relations Act 1988 and Inquiries Into Elections for Offices in the Victorian Branch of the United Firefighters Union of Australia / Reasons for Judgment
Outcome
Each of the elections which were the subject of the inquiries was declared void.
Legal Topics
['election Irregularities' 'optional Preferential Voting' 'ballot Paper Directions' 'nominations for Union Office' 'declaration That Elections Are Void']
['industrial Relations' 'union Elections'] ['election Irregularities' 'optional Preferential Voting' 'ballot Paper Directions' 'nominations for Union Office' 'declaration That Elections Are Void']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S 218 of the Industrial Relations Act 1988 and Inquiries Into Elections for Offices in the Victorian Branch of the United Firefighters Union of Australia / Reasons for Judgment

Legal Issues

  1. 1 ['Whether irregularities occurred in or in connection with elections for offices in the Victorian branch of the United Firefighters Union of Australia.' 'Whether the ballot paper direction "To make your vote count, number every box ..." was inconsistent with the Union rules providing for optional preferential voting.' 'Whether the irregularities may have affected the result of each election for the purposes of s 223(4) of the Industrial Relations Act.' 'Whether failure to require candidates to provide signed undertakings under rule 72(3) was an irregularity.']

Ratio Decidendi

The returning officer's ballot paper direction, "To make your vote count, number every box ...", contradicted the Union rules providing for optional preferential voting and was an irregularity. Evidence showed that voters were led to record more preferences, or to vote in more contested elections, than they otherwise would have. The Court was satisfied that the irregularities may have affected the result of each election within s 223(4) of the Industrial Relations Act, so each election was declared void.

Court Disposition

Each of the elections which were the subject of the inquiries was declared void.

Orders

  • ['Declare void each of the elections which are the subject of these inquiries.']