Walker, in the matter of an election for an office in Victorian Branch of the Australian Rail, Tram and Bus Industry Union
What happened
the Applicant applied for an inquiry into an election for Victorian Branch Secretary of the Australian Rail, Tram and Bus Industry Union. He alleged that the nominee, a co-worker, was ineligible to stand because she was not a valid union member at the time of nomination. the Applicant claimed she was not employed in covered employment when she joined the union.
What was decided
the Commissioner dismissed the Applicant's application. The Court found reasonable grounds were not established for an inquiry. the co-worker had validly joined the union on 27 February 2012 while employed by VicTrack in employment covered by the union's eligibility rules. Her membership was therefore valid and she was entitled to stand for office.
What it means for employers
Union eligibility rules must be applied according to when membership is granted. Employment history must be considered at the time of membership application.
What it means for employees
Union members have the right to stand for office if they meet membership eligibility criteria at the time they joined. Courts will not overturn elections based on speculative challenges to membership validity.
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