Linsket, B.T., matter of an application for an inquiry into an election in the F.C.U. of Australia

[1987] FCA 662

' P

' SIN THE FEDERAL COURT OF AUSTRALIA )

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)

QUEENSLAND DISTRICT REGISTRY	) NO. Q2 of 1986
1
INDUSTRIAL DIVISION	1

IN THE MATTER Of an auullcation bv Barrv Trevor Lihsket for a'n inquiry into

an election in the

Federated	Clerks	Union	of
Australia

(R NO. 113 Of 1986)

AND IN THE NATTER of a

reference of such

application by the

Industrial Registrar to the

Federal Court of Australia

! 30 OCTOBER, 1987 KEELY J.

REASONS FOR JUDGMENT

On Tuesday, 1 3 October 1987, the court made certain

i

orders under S. 165(3)(d) of the Conciliation and Arbitration Act

I ! '

1904 (the Act) and reserved the delivery of its reasons for making

those orders. Those reasons are now given and are to be read in

the light of the reasons for judgment delivered earlier in this

matter (22 July 1987); the matters there set out need not be

,

repeated.

On 22 July 1987 the further hearing of the matter was

adjourned at the request of all the partles in both this matter

and in matter No. Q3 of 1986. The two matters were closely

related and to some extent overlap although the Irregularity found

!

- L 2.

'toyhave occurred in the present matter was not a matter raised in

;Y r

-3tter No. Q3 of 1986. In that matter orders were also made on 13

October 1987 and reasons for judgment	In it have been delivered
this day.

The orders made in the present matter were in the same

terms as those made in matter No. Q3 of 1986, save that the

present orders related to only twelve of the thirty offices named

in the orders made in matter No. Q3.

In the present matter the Court was not asked to

exercise its discretion against making any orders. However, on

other matters the submissions made were similar in both matters -

in particular as to the proposed orders under S. 165(3)(d)

modifying the operation of the Branch Rules. Accordingly the

1.

present reasons should be read as if there were incorporated in

them the relevant part of the reasons delivered today in matter

No. Q3 of 1986.

I certify that thls and the preceding page is a true copy of the Reasons f o r Judgment herein of the Honourable Mr. Justice Keelv.

Dated: 30 October, 1987