Mcjannett, in the matter of an application for an inquiry in relation to an election for offices in the Construction, Forestry, Mining and Energy Union, Western Australian Branch (No 2) [2009] FCA 1015

Mcjannett, in the matter of an application for an inquiry in relation to an election for offices in the Construction, Forestry, Mining and Energy Union, Western Australian Branch (No 2) [2009] FCA 1015

The application failed because the applicant did not establish reasonable grounds to suspect an irregularity constituted by a contravention of s 190. Conduct before 28 August 2008, when nominations were called, was outside the election period and involved no declared candidates. The complaints about the membership register did not show relevant help by the CFMEU, particularly where access to the register was otherwise available. The allegations about post-nomination flyers, SMS messages, posters and paid officials either did not involve CFMEU property or resources or were speculative and lacked a substantial factual foundation. The Secretary's Address in Construction Worker was,...

Jurisdiction
Australia
Judgment Date
10 September 2009
Procedural Posture
Application for an Election Inquiry Under S 200 of the Fair Work (registered Organisations) Act 2009 (cth) / Determination Whether the Court Was Satisfied Under S 201(b) That There Were Reasonable Grounds for the Application
Outcome
Application dismissed.
Legal Topics
['registered Organisations' 'union Elections' 'election Inquiry' 'reasonable Grounds' 'use of Union Property or Resources' 'candidate and Election Period' 'transitional Fair Work Legislation']
['industrial Law'] ['registered Organisations' 'union Elections' 'election Inquiry' 'reasonable Grounds' 'use of Union Property or Resources' 'candidate and Election Period' 'transitional Fair Work Legislation']

Case Brief

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Procedural Posture

Application for an Election Inquiry Under S 200 of the Fair Work (registered Organisations) Act 2009 (cth) / Determination Whether the Court Was Satisfied Under S 201(b) That There Were Reasonable Grounds for the Application

Legal Issues

  1. 1 ['Whether there were reasonable grounds for an inquiry into the CFMEU WA Divisional Branch election declared on 25 November 2008.' 'Whether alleged conduct constituted an irregularity by contravening s 190 of the Fair Work (Registered Organisations) Act 2009 (Cth).' 'Whether conduct before nominations were called occurred "in an election" and involved "a candidate" within s 190.' 'Whether alleged use of the union membership register, election flyers, posters, SMS messages, union magazine and activities of paid officials involved the CFMEU using or allowing its property or resources to help one candidate against another.']

Ratio Decidendi

The application failed because the applicant did not establish reasonable grounds to suspect an irregularity constituted by a contravention of s 190. Conduct before 28 August 2008, when nominations were called, was outside the election period and involved no declared candidates. The complaints about the membership register did not show relevant help by the CFMEU, particularly where access to the register was otherwise available. The allegations about post-nomination flyers, SMS messages, posters and paid officials either did not involve CFMEU property or resources or were speculative and lacked a substantial factual foundation. The Secretary's Address in Construction Worker was,...

Court Disposition

Application dismissed.

Orders

  • ['The application by the applicant for an inquiry by the Federal Court in relation to the election for offices in the CFMEU that were declared on 25 November 2008 is dismissed.']