In the matter of applications by O'Dowd, Gregory Vincent and Sullivan, Peter Kevill for inquiries into an election in the Commonwealth Bank Officers Association

Re: IN THE MATTER OF Applications by GREGORY VINCENT O'DOWD and PETER KEVILL
SULLIVAN for Inquiries into an Election in the COMMONWEALTH BANK OFFICERS'
ASSOCIATION
Nos. Q 1 and 2 of 1984
Industrial Law
8 IR 222 / 3 FCR 150

COURT

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY
INDUSTRIAL DIVISION
Gray J.(1)

CATCHWORDS

Industrial Law - registered organizations - application for inquiry into election - statutory declaration - whether compliance with State statute sufficient - whether requirements of application mandatory - whether Court has power to remedy defect

Conciliation and Arbitration Act 1904 s. 159(2) s. 160 s. 161

Acts Interpretation Act 1901 s. 27(c), s. 38, s. 30(2)

Statutory Declarations Act 1959 s. 6, s. 7, s. 8, s.10

Federal Court of Australia Act 1970 s. 51

Judiciary Act 1903 s. 79

Grech v Bird (1936) 56 C.L.R. 228

Y.Z. Finance Co. Pty. Ltd. v Cummings (1964) C.L.R. 395

Dilworth v Commissioner of Stamps (1899) A.C. 99

R. v Commonwealth Court of Conciliation and Arbitration; Ex parte

Federated Clerks Union of Australia, New South Wales Branch
(1950) 81 C.L.R. 229

Re Election in Administrative and Clerical Officers' Association

Commonwealth Public Service (1980) Industrial Arbitration Service
Current Review, case no. B87

Re an Inquiry into an Election in the Amalgamated Metal Workers
and Shipwrights Union; Ex parte Naqui (1982) 59 F.L.R. 173

Re Application by Ferris for Inquiry into Election in Australian
Workers Union (1982) 2 I.R. 432

Industrial Law - Registered organisations - Application for inquiry into election - Accompanied by statutory declaration - Statutory declaration made in accordance with State not Commonwealth law - Whether compliance - Whether application a nullity - Conciliation and Arbitration Act 1904 (Cth), ss 159(2), 160, 161 - Acts Interpretation Act 1901 (Cth), ss 27(c), 38, 30(2) - Statutory Declarations Act 1959 (Cth), ss 6, 7, 8, 10 - Federal Court of Australia Act 1976 (Cth), s. 51 - Judiciary Act 1903 (Cth), s. 79.

HEADNOTE

Held: (1) The reference in the Acts Interpretation Act 1901 (Cth), s. 27 to a statutory declaration made "by virtue of any Act" relates only to such a declaration made by virtue of a Commonwealth Act. A statutory declaration made pursuant to a State Act is not included in the reference.

(2) Accordingly the requirement in the Conciliation and Arbitration Act 1904 (Cth), s. 159(2)(d) that an application for an inquiry into an election be accompanied by a statutory declaration was not satisfied by an application accompanied by a statutory declaration made under a State Act.

(3) An application for an inquiry pursuant to s. 159 of the Conciliation and Arbitration Act 1904 which was not accompanied by a statutory declaration made by virtue of a Commonwealth Act was a nullity, in respect of which the court had no jurisdiction.

R. v. Commonwealth Court of Conciliation and Arbitration; Ex parte Federated Clerks Union of Australia (1950) 81 CLR 229; Re Election in Administrative and Clerical Officers Association (1980) Industrial Arbitration Service Current Review,…

CaseChat Overview and Summary

The matter before the court involved applications by O'Dowd and Sullivan for inquiries into an election held in the Commonwealth Bank Officers Association. The respondents, who were officers of the Association, questioned the validity of the election and sought a judicial inquiry. The applicants argued that the election process did not comply with the relevant industrial law provisions and that the irregularities warranted a court-ordered investigation. The case was heard in the Federal Court of Australia, which had jurisdiction to review decisions related to registered organisations under industrial law.

The central legal issues in the case revolved around the sufficiency of compliance with state statute for the election process and whether the requirements for lodging an application were mandatory. Specifically, the applicants argued that the statutory declaration accompanying the application was not sufficient to meet the mandatory requirements for initiating an inquiry. The respondents, on the other hand, contended that the state statute compliance was adequate and that the court should proceed with the inquiry despite any potential defects in the application. Additionally, the court had to determine whether it had the power to remedy any defects in the application process.

In delivering the judgment, the court found that the statutory declaration did not meet the mandatory requirements outlined in the relevant legislation. The court held that the statutory declaration must be sworn before a person authorised to administer oaths, and the failure to comply with this requirement rendered the application defective. Furthermore, the court concluded that the requirements for lodging an application were indeed mandatory and could not be waived by the court. As a result, the court dismissed the applications, finding that the defects in the applications were not capable of being remedied by the court. Consequently, the applicants' requests for an inquiry into the election were denied.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established