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[1982] FCA 206

IN THE FEDERAL COURT OF AUSTRALIA )

)

-	SOUTH AUSTRALIA DISTRICT REGISTRY	)	S.A. M O . 1 5 of 19E1
l
DIVISIOX	__	INDUSTRIAL	)

_- IN -THE I'lATTER of an appllcatlon under

s.159 of the Conclllatlon and

Arbitratlon Act by Kaureen Paye Hibber-

and Others for an	1nc;ulry lnto sn
electlon for offlces	In the FeSerated

Clerks Unlon of Australia (South

Australlen Branch)

EVATT J.

2 4 Septevber 1982

REASONS FOR JUDGXENT -_ -

On 20 July l081 an anylicatlon under 5 . 1 5 9 of

the Conclllation and Arbltratlon Act 1904 vas lodced by the

applicants seehn? an inqury into zlleqed lrreqularltles in

the electlon ln the South Australian Branch of the Federated

Clerks Union of Australia (the orcanlzation) for the offlces of (inter alia) Brznch Presldent, Branch Deputy-Presldent

and Branch Vlce-President.

After havlng satlsfled hlnself that there were

reasonable qrounc?s for an Inquiry, the	Industrial ReFlstlrar
granted the appllcatlon	zncl referred the matter to the Cocrt
pursuant to s . 1 6 0 on 14 September 1981.	Section 161 provlses
that the lnqulry	was then dceped to have been lnstltuted in
the Court. The Zattcr was llsted for dlrectlons before	t h e
Court on 1 6 September 19El

On 17 September 1381 the Court, pursuant to s.163,

made certaln interln orders, includinn an order that

P!r	Vleroever, who had been the successful candldate for the
office of Presldent of thc Peckrate6 Clerks Unlon of	Australia,

South Australlap Branch ln the sub~ect election, act and contlnue

to act In that offLce and, aftcr	qving certaln dlrectlons, flxec?
the hezrlna of the lnquiry for	15 Fovenber 1381.

Thcrenfter, the hearlna of the inquiry proceeded

on varlous dates up to a stage whcre dlrections requlrinq

written submisslons by the parties to be flled were mad by

the Court. The last of suzh submlsslons w a s	flkd on
21 ScTtember last	by the respondents, together with an
affidavit of !.:r	Krantz, the Secretary of the South Australlan
Brznch of the organlzatlon,	worn 1-6 Septenber 1961. Such

affldavit dlscloses that i4r Vlerqever' S health was such

that he could not carry out h15 dutles as President	and that
tlr Eelloves, the person whom the Court had ordered on	17 September
1981 to act as Deputy-Presldect	of the South Australlan Eranch,

he havlnu been success~ul. in the salc? election for that office,

had, lr. accordance wlth the rules, taken over the dutles of

President and that the Eranch Councll, hzvlnv granted leave

of absence to Xr Vlergever, pursuant to r.l6(s), had	appointed
Wl11larn Turlcy, a Drench Counclllor, to "replace"	I.;r Vlerqever
on the Branch Cxecutlvc.

Since the swearlnq of the szid affldavlt by

14r Krantz, Mr Vierqever has unfortunately dled, the date

of death beinq 22 Septerber 1982.

b i r Heywood-Smith, counsel for tke respondencs

has recuested that the Court, pursuant to S . 163 (1) (f) vary

its order of 17 Septercber 1981 or, pursuant to s . l 6 3 ( l ) ( e ) ,
makc an order Incidental or suppleventary to such order so
that Nr Turley De appointed to act as Presldent pendln? an

electlon for the fillin9 of that offlce.

Nr Kansfield, counsel for the agpllcants, opposes

such an order and submltted that the Court should make no order, or, if minded to make any order under s.l63(1)(e)

or (f) , then the applicant, ?ir Knlqht, vho had been the

unsuccessful candidate for the offlce of Branch President in

the sub~ect	electlon, should be the person whom the CoErt
should order to	so act a s President.

I an of the vlew that the Court shoulc? not make

any further or8er under s.163 In the present proceedlnqs

in addltlon to r In variation of the orders v;hlch \;ere !?.ade

on 17 Scptenber 1381. The officlals of the Branch ray take

such steps as they may be advlsed. Thc a?pllcatlon by the

res2ondents ln thls regarc? IS accordlngly refuse'.?..

I W111 conslder ny decislon in the inqulry Generally.