Re Finance Sector Union of Australia; ex parte Illaton Pty Ltd

The High Court of Australia considered an application for a writ of prohibition by Illaton Pty Ltd against the Finance Sector Union of Australia. The dispute concerned the validity of a notice of intention to hold a ballot for the election of union officials, which Illaton argued was invalidly issued.

The central legal issue before the Court was whether the notice of intention to hold a ballot for the election of union officials was a valid exercise of power under the relevant provisions of the *Conciliation and Arbitration Act 1904* (Cth) and the rules of the Finance Sector Union of Australia. Specifically, the Court had to determine if the notice was issued by the appropriate authority within the union and if it complied with the procedural requirements stipulated by the Act and the union's rules.

The Court reasoned that the power to issue a notice of intention to hold a ballot for the election of union officials was vested in the Registrar of the Australian Industrial Relations Commission, not the union itself. The union's rules, while providing for elections, did not grant the union the power to initiate the ballot process in the manner attempted. The Court applied the principle that statutory powers must be exercised by the persons or bodies to whom they are expressly granted, and that the rules of an organisation must be interpreted in light of the governing legislation. As the notice was issued by the union and not the Registrar, it was deemed invalid.

The Court made absolute the order nisi for a writ of prohibition, quashing the notice of intention to hold the ballot.