Re Application by Porter

34 IR 179

Re Application by Donald Alexander Porter for an inquiry into an election in the Transport Workers' Union of Australia

Court:
Federal Court of Australia - Industrial Division

Judge: Gray J

Subject References:
Industrial Law

Judgment date: 23 June 1989

Melbourne


ORDER

THE COURT DECLARES that the following irregularities happened in relation to the elections for various offices in the Victorian Branch of the Transport Workers' Union of Australia:

(a)
the purported direction of the returning officer to the branch secretary of the Victorian Branch of the Transport Workers' Union of Australia, by letter dated 15th November 1988, was wrong in law, in that it was not given to ensure that no irregularities occurred in or in connection with the elections or to remedy any procedural defects in the rules of the Transport Workers' Union of Australia;
(b)
the purported direction of the returning officer, by letter dated 24th November 1988 to the branch secretary of the Victorian Branch of the Transport Workers' Union of Australia, and by newspaper advertisement on 28th November 1988, cancelling 29th November 1988 as the date for closing nominations, was wrong in law, in that it was not given to ensure that no irregularities occurred in or in connection with the elections or to remedy any procedural defects in the rules of the Transport Workers' Union of Australia;
(c)
the returning officer wrongly refused to accept the nominations of:

(i)
Gary Ross Newman for the offices of committee man and organiser;
(ii)
Rex John Hore for the office of committee man;
(iii)
Barry Raymond Agg for the offices of federal councillor, committee man and organiser;
(iv)
Darren Mark Crump for the offices of committee man and organiser; and
(v)
Allen Robert Worley for the office of federal councillor;

(d)
the returning officer wrongly accepted the nomination of Lee Robin Farmer for the office of organiser.

Being satisfied that the irregularities may affect the results of the elections THE COURT:

(a)
in the exercise of its discretion, declines to make any order in respect of the irregularities referred to in 1(a) and (b);
(b)
ORDERS that the Industrial Registrar make arrangements for the completion of the elections, upon the basis that:

(i)
Gary Ross Newman is a candidate for the offices of committee man and organiser;
(ii)
Rex John Hore is a candidate for the office of committee man;
(iii)
Barry Raymond Agg is a candidate for the offices of federal councillor, committee man and organiser;
(iv)
Darren Mark Crump is a candidate for the offices of committee man and organiser;
(v)
Allen Robert Worley is a candidate for the office of federal councillor; and
(vi)
Lee Robin Farmer is not a candidate for the office of organiser.

THE COURT ORDERS that the operation of rule 33(q) of the rules of the Transport Workers' Union of Australia be modified so that persons elected take office immediately upon being declared elected.

THE COURT ORDERS that the application for an order that James Davis not continue to act in the office of branch secretary of the Victorian Branch of the Transport Workers' Union of Australia is dismissed.

Note: Settlement and entry of orders is dealt with by O.36 Federal Court Rules.