| 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.