Menon, in the matter of an election for offices of the Manufacturing; Division of the Construction, Forestry, Maritime, Mining and Energy; Union (No 2)

The Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to terminate an inquiry into an election for office, pursuant to section 206(6) of the Fair Work (Registered Organisations) Act 2009 (Cth). The application was not opposed. The matter was heard in the Federal Court of Australia.

The primary issue before the court was whether the inquiry into the election could be terminated to the extent that it related to the election for the office of Divisional Secretary of the Manufacturing Division of the CFMEU. This hinged on whether the specified matter was one in relation to which the court could not make an order under section 206(4) of the Act. Given that the application was unopposed, the court needed to assess the legal sufficiency of the application and whether it complied with the statutory requirements.

The court examined the relevant sections of the Act and found that the specified matter indeed fell within the scope of section 206(6). The court concluded that the application met the criteria for termination as it pertained to an aspect of the election that fell outside the court's ability to make an order under section 206(4). Consequently, the court granted the application, terminating the inquiry to the extent that it related to the election for the office of Divisional Secretary of the Manufacturing Division of the CFMEU.

The court made an order pursuant to section 206(6) of the Fair Work (Registered Organisations) Act 2009 (Cth), terminating the inquiry to the extent that it related to the election for the office of Divisional Secretary of the Manufacturing Division of the CFMEU. The entry of orders was handled in accordance with Rule 39.32 of the Federal Court Rules 2011.