Matter of an application by Mellor, S. for enquiry into an election in the Federated Liquor & A.I.E.U. of Australia [1987] FCA 345

Matter of an application by Mellor, S. for enquiry into an election in the Federated Liquor & A.I.E.U. of Australia [1987] FCA 345

The committee of management's power to cancel arrears under branch rule 16 does not operate retrospectively to render members financial as at an earlier date unless the rule contains clear words to that effect. Consequently, members whose arrears were cancelled on 15 April 1987 are not deemed to have been financial as at 26 November 1986 and are not eligible to vote in the election ordered by the Court.

Parties
Applicant: Shirley Mellor; Candidate in Election: Elton; Candidate in Election: Hardie; Returning Officer: Australian Electoral Commission; Respondent / Organization: Federated Liquor and Allied Industries Employees Union of Australia; Candidate in Election: Ms. Que; Candidate in Election: Mr. Bell
Jurisdiction
Australia
Judgment Date
15 May 1987
Procedural Posture
Application for Inquiry Into Union Election / Reasons for Judgment Following Submissions and Hearing
Outcome
Direction issued to Returning Officer not to count ballots from listed members whose arrears were retrospectively cancelled.
Legal Topics
Registered Organization, Union Elections, Arrears of Contributions, Retrospectivity of Rules
Industrial Law Registered Organization Union Elections Arrears of Contributions Retrospectivity of Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Shirley Mellor

Applicant

Elton

Candidate in Election

Hardie

Candidate in Election

Australian Electoral Commission

Returning Officer

Federated Liquor and Allied Industries Employees Union of Australia

Respondent / Organization

Ms. Que

Candidate in Election

Mr. Bell

Candidate in Election

Procedural Posture

Application for Inquiry Into Union Election / Reasons for Judgment Following Submissions and Hearing

Legal Issues

  1. 1 Whether the branch committee of management's resolution to cancel arrears of contributions has retrospective effect to render members financial as at 26 November 1986 and thus eligible to vote

Ratio Decidendi

The committee of management's power to cancel arrears under branch rule 16 does not operate retrospectively to render members financial as at an earlier date unless the rule contains clear words to that effect. Consequently, members whose arrears were cancelled on 15 April 1987 are not deemed to have been financial as at 26 November 1986 and are not eligible to vote in the election ordered by the Court.

Court Disposition

Direction issued to Returning Officer not to count ballots from listed members whose arrears were retrospectively cancelled.

Orders

  • The Returning Officer is directed not to open or count as a valid vote any ballot paper returned from any of the persons named in exhibit 'B' to the affidavit of Noel Rawle Horn sworn on 28 April 1987.