Re Australian Building Construction Employees and Builders Labourers Federation

The Federal Court of Australia was presented with two inquiries concerning the validity of elections held within the Australian Building Construction Employees and Builders Labourers Federation. The first inquiry involved Mr. B.V. Rix, who challenged the validity of his nomination for the position of General Secretary, while the second inquiry was jointly submitted by Mr. Reginald Mason and Mr. Noel Olive, who contested the validity of their nominations for the positions of Trustee and Federal Vice-President, respectively. The central issues before the Court were the validity of the levy imposed in November 1974, the financial status of the applicants, and the timing of the nominations.

The Court determined that the levy imposed in November 1974 was valid, despite the procedural irregularities. The resolution to impose the levy, though not strictly adhering to the rules, was considered a valid exercise of the Federal Council's power. The Court further concluded that the levy became effective upon endorsement by a majority of the branches, which only occurred in two branches, Victoria and Queensland. As a result, the applicants and their nominators maintained their financial membership status.

Regarding the timing of the nominations, the Court found that the nominations of Olive, Mason, and Rix's second nomination were not received in time. Despite the fact that the nominations were posted before the closing time, the Court held that they were not delivered to the specified box by the required time, rendering them invalid. The Court also found no irregularity in the appointment of the Returning Officer.

Based on these findings, the Court declared the election of Mr. Gallagher void and directed the Industrial Registrar to arrange for a new election. The Court further proposed to adjourn the hearing to allow for submissions regarding the levy.