In the matter of the Conciliation and Arbitration Act, 1904 in the matter of an application by Adamson, Robert McColl for an inquiry into an election for an office in the Amalgamated Metals Foundry & Shipwrights Union [1984] FCA 325

In the matter of the Conciliation and Arbitration Act, 1904 in the matter of an application by Adamson, Robert McColl for an inquiry into an election for an office in the Amalgamated Metals Foundry & Shipwrights Union [1984] FCA 325

The application was commenced within time because, having regard to the Act and the Union's rules, the election was not complete until the returning officer's declaration of the result; therefore, the Court has jurisdiction to inquire into the election.

Parties
Applicant: Robert McColl Adamson; Respondent: Amalgamated Metals Foundry & Shipwrights' Union; Other Party: Charles Bali; Intervener: Australian Electoral Commission
Jurisdiction
Australia
Judgment Date
05 October 1984
Procedural Posture
Application / Interlocutory (jurisdiction/timeliness)
Outcome
Application for dismissal on grounds of being out of time dismissed; Court holds jurisdiction to proceed to inquiry.
Legal Topics
Registered Organization, Inquiry Into Election, Timeliness of Application, Completion of Election
Industrial Law Registered Organization Inquiry Into Election Timeliness of Application Completion of Election

Case Brief

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Parties

Robert McColl Adamson

Applicant

Amalgamated Metals Foundry & Shipwrights' Union

Respondent

Charles Bali

Other Party

Australian Electoral Commission

Intervener

Procedural Posture

Application / Interlocutory (jurisdiction/timeliness)

Legal Issues

  1. 1 Whether the application for an inquiry into the election was lodged within the time limit specified by s. 159(5)(b) of the Conciliation and Arbitration Act 1904, that is, within six months of the 'date of completion of the election'.
  2. 2 What constitutes the 'completion of the election' under the Act and the Union's rules.

Ratio Decidendi

The application was commenced within time because, having regard to the Act and the Union's rules, the election was not complete until the returning officer's declaration of the result; therefore, the Court has jurisdiction to inquire into the election.

Court Disposition

Application for dismissal on grounds of being out of time dismissed; Court holds jurisdiction to proceed to inquiry.

Orders

  • Applications for orders sought in paragraphs 1 and 2 of the Notice of Motion filed on behalf of Charles Bali on 17 September 1984 are dismissed.
  • The inquiry is adjourned to a date to be fixed for the hearing of the remaining orders in the Notice of Motion.