In the matter of Section 218 of the Industrial Relations Act 1988 In the matter of an application by Ivory, G.D

[1993] FCA 142

Re: SECTION 218 OF THE INDUSTRIAL RELATIONS ACT 1988
And: GLEN DALLAS IVORY
No. WAI3 of 1990
FED No. 142
Number of pages - 8

(1993) 41 FCR 267

COURT

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY
INDUSTRIAL DIVISION
Ryan J(1)

CATCHWORDS

References

Re Blewitt ex parte Butcher (WAI 1 of 1990) (11 December 1990).

R v Gray ex parte Marsh (1985) 157 CLR 351 Gibbs CJ at 367.

Re Collins ex parte Hockings (1984) 167 CLR 523 Toohey and McHugh JJ at 526.

Re Brailey (1985) 10 FCR 168.

Taylor v Taylor (1890) 11 NSWR 323.

Re Pastrycooks, Bakers, Biscuitmakers and Allied Union (Victorian Branch) ex parte Johnson (1990) 34 IR 18 Gray J

Abigail v Lapin (1934) AC 491 at 508.

HEARING

MELBOURNE

#DATE 19:3:1993

Counsel for the applicant: Mr N Pope

Solicitor for the applicant: Dwyer Durack

Counsel for the respondent: Mr Van Haltan

Solicitor for the respondent: Freehill Hollingdale and Page

ORDER

THE COURT ORDERS:

1. That the inquiry into an alleged irregularity in relation to the

election of Joseph Harold Isherwood to the office of Branch President within the Western Australian Branch of the Australian Workers' Union be terminated.

2. That each exhibit be returned to the custody of the party or other

person from whose custody the same was produced.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

RYAN J An inquiry has been instituted pursuant to s.218 of the Industrial Relations Act 1988 on the application of Glen Dallas Ivory into an alleged irregularity in relation to the election of Joseph Harold Isherwood to the office of President within the Western Australian Branch of the Australian Workers' Union ("the AWU").

1. Nominations for election to that and other offices within the Western Australian Branch of the AWU opened on 22 September 1989 and closed on 20 October 1989. Two nominations were lodged for election to the office of President, one by Mr Isherwood and the other by the applicant, Mr Ivory. Mr Ivory had been elected as an organizer within the Western Australian Branch of the AWU in 1986 but resigned from that position in 1989. At the time of the election which is the subject of this inquiry, he was employed as a production operator by Woodside Offshore Petroleum ("Woodside") at Karratha.

2. After dissatisfaction over the conduct of an industrial dispute involving the proposed introduction by Woodside of twelve-hour shifts, Mr Ivory, in conjunction with Mr Wilson, who was then an elected organizer within the Western Australian Branch of the AWU, and certain other officials of that Branch, agreed to form a "ticket" to oppose, at the next election to be held in late 1989, a group of other elected officials led by the incumbent President of the Branch, Mr Isherwood. Mr Wilson had himself resolved to become a candidate in the conjoint election for the office of General Secretary within the federal structure of the AWU and to…