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[2009] WAIRComm 27
appellant. The Commission declared that an irregularity had occurred in the compilation of the electoral roll and ordered a fresh election for all union offices. A detailed scheme and timetable was...
The Western Australian Industrial Relations Commission found that there had been an irregularity in how the electoral roll was prepared for the 2008 election of officials in the Construction, Forestry, Mining and Energy Union. Rather than trying to fix the problem by adding individual voters to the roll, the Commission ordered a completely fresh election for all positions. The Commission set out a detailed timetable for the new election, including steps to notify members who might not be financial due to automatic payment methods. The current office-holders were allowed to keep their positions until the new election was finished. The individual claims brought by four union members were not decided because the fresh election made them unnecessary.
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1 cited instrument linked from this judgment.
KEVIN NOEL REYNOLDS - THE SECRETARY FIRST RESPONDENT -AND- THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION OF WORKERS SECOND RESPONDENT -AND- WARWICK GATLEY AM, THE RETURNING OFFICER WESTERN AUSTRALIAN ELECTORAL COMMISSION
KEVIN NOEL REYNOLDS - THE SECRETARY FIRST RESPONDENT -AND- THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION OF WORKERS SECOND RESPONDENT -AND- WARWICK GATLEY AM, THE RETURNING OFFICER WESTERN AUSTRALIAN ELECTORAL COMMISSION
KEVIN NOEL REYNOLDS - THE SECRETARY FIRST RESPONDENT -AND- THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION OF WORKERS SECOND RESPONDENT -AND- WARWICK GATLEY AM, THE RETURNING OFFICER WESTERN AUSTRALIAN ELECTORAL COMMISSION
THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS ("CFMEUW")
WARWICK MCLEAN GATELY AM - ELECTORAL COMMISSIONER, WESTERN AUSTRALIAN ELECTORAL COMMISSION
WAYNE NICHOLSON - RETURNING OFFICER (CFMEUW ELECTIONS), WESTERN AUSTRALIAN ELECTORAL COMMISSION
CORAM THE HONOURABLE M T RITTER, ACTING PRESIDENT
FILE NO/S PRES 3 OF 2008, PRES 4 OF 2008, PRES 5 OF 2008, PRES 6 OF 2008
Applicants Mr P G Laskaris (of Counsel), by leave, and with him Mr T R Kucera (of Counsel), by leave
First Respondent Mr K J Bonomelli (of Counsel), by leave
Second Respondent Mr T J Dixon (of Counsel), by leave, and with him Mr S A Millman (of Counsel), by leave
Third Respondent in Ms N Eagling (of Counsel), by leave
Third Respondent and Ms N Eagling (of Counsel), by leave
This matter having come on for a directions hearing before me on 28 January 2009, and having heard Mr P G Laskaris (of Counsel), by leave, and with him Mr T R Kucera (of Counsel), by leave, on behalf of the applicants, Mr K J Bonomelli (of Counsel), by leave, on behalf of the first respondent, Mr T J Dixon (of Counsel), by leave, and with him Mr S A Millman (of Counsel), by leave, on behalf of the second respondent, and Ms N Eagling (of Counsel), by leave, on behalf of the third respondent in PRES 3-5 of 2008, and the third respondent and the fourth respondent in PRES 6 of 2008, it is this day, 28 January 2009, ordered and declared that:
An irregularity has occurred in the compilation of the roll for the 2008 election for the officers of the Construction, Forestry, Mining and Energy Union of Workers ("CFMEUW") being an election for the offices of President, Senior Vice President, Vice President, Secretary, two (2) Assistant Secretaries, Treasurer, two (2) Trustees, two (2) Ordinary Executive Members and six (6) Organisers.
An election proceed pursuant to Rule 23 of the CFMEUW Rules for all offices and such election be arranged by the Registrar and the Electoral Commissioner appointed under section 69 of the Industrial Relations Act 1979 (WA) in accordance with the following scheme and timetable:
Until the new election is concluded, each of the persons currently incumbent in the respective offices of the President, Senior Vice President, Vice President, Secretary, two (2) Assistant Secretaries, Treasurer, two (2) Trustees, two (2) Ordinary Executive Members and six (6) Organisers shall each hold his respective office and shall be deemed for all purposes to have held such office in the CFMEUW since their election and/or appointment and each shall be a member of and shall be deemed for all purposes to have been a member of the Executive of the CFMEUW at all material times.
There be no orders made in relation to the specific claims of Mr Thompson, Mr Byron, Mr Malcolm and Mr Mellor.
There be liberty to apply on three (3) days' notice.
The Commission declared that an irregularity had occurred in the compilation of the electoral roll and ordered a fresh election for all union offices. A detailed scheme and timetable was established for the conduct of the fresh election. Incumbent office-holders were validated as holding office until the conclusion of the new election. No orders were made on the individual claims of the applicants.