Application of the Electoral Commissioner
Citation: [2014] FCA 588
What happened
An election was held for the office of Alternate Chairman of the Suppliers and Subcontractors Council of the Master Builders' Association of the Australian Capital Territory. the Applicant was declared elected. The Electoral Commissioner became aware of an irregularity: the closing date for nominations was incorrectly notified to union members. The correct closing date was 28 February 2014, but members were told it was 1 March 2014. Mr Anthony Mattar submitted his nomination on 18 February 2014 (before the correct date) and it was received by the Australian Electoral Commission on 3 March 2014 (after the notified date but after the correct date).
What was decided
The court found an irregularity had occurred due to the error in notifying the closing date. Because the Applicant's nomination was received after the correct closing date (though before the erroneously notified date), it was rejected. The court declared the election result void and ordered that the Applicant's nomination be accepted and a new ballot be held. The irregularity in closing date notification was sufficiently serious that it could have affected the election outcome.
What it means for employers
Organisations conducting elections must ensure notices of closing dates for nominations are accurate and clearly communicated. Errors in notification can result in election declarations being set aside.
What it means for employees
Union members should carefully note nomination closing dates. Errors in notified dates may lead to elections being declared void and rerun.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →