Kelly, in the matter of an application for an inquiry in relation to an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the...

In the matter of an application for an inquiry in relation to an election for an office in the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Services Union (ASU), Mr Kelly has applied for an inquiry under the Fair Work (Registered Organisations) Act 2009 (Cth). The application concerns potential irregularities in the forthcoming election, with Mr Kelly seeking an investigation into the matter. The application was heard by the Fair Work Commission, which was required to determine whether there were reasonable grounds for the application and whether an inquiry should be held.

The primary legal issue before the court was whether there were reasonable grounds for the application as required by section 201(b) of the Fair Work (Registered Organisations) Act 2009 (Cth). Additionally, the court had to decide whether an inquiry should be held under section 201 of the Act. The court considered the meaning of "irregularity" and whether it must have already occurred for an inquiry to be instituted. The court also noted that the institution of an inquiry was a serious matter and that the onus was on the applicant to demonstrate reasonable grounds for the application.

The court concluded that there were reasonable grounds for the application and that an inquiry should be held. The court found that the term "irregularity" did not necessarily require the irregularity to have already occurred for an inquiry to be instituted. The court was satisfied that the applicant had met the threshold of demonstrating reasonable grounds for the application. Therefore, the court ordered an inquiry to be held on 19 May 2011 at 9:30 am in Sydney, and required Mr Alan Veney to file and serve any evidence upon which he wishes to rely by 13 May 2011 at 4:00 pm.