Electoral Commissioner, in the matter of an Inquiry Relating to Election for an Office in the Australian Education Union (SA Branch)
Citation: [2018] FCA 2074
What happened
The Electoral Commissioner conducted an election for a casual vacancy for the position of Branch Executive Officer (Female) in the South Australian Branch of the Australian Education Union. Two candidates nominated: the Applicant and the Second Respondent. The returning officer issued ballot papers to 12,956 members without excluding 318 ineligible voters (278 from CS/SSO sub-divisions and 40 from TAFE Division). These 318 ineligible votes comprised approximately 34% of all votes cast. the Applicant was declared elected with 477 votes versus 365 votes for the Second Respondent.
What was decided
The Court declared all steps taken in the election void due to an irregularity. The inclusion of 318 ineligible voters who had no entitlement to vote affected the result of the election. The Court ordered that the Electoral Commissioner arrange for the election process to be conducted again, including preparation of a correct roll of voters and conduct of a new secret postal ballot by the Australian Electoral Commission.
What it means for employers
Not directly applicable; this case concerns union electoral procedures, not employment matters.
What it means for employees
Union members have a right to fair and properly conducted elections. Electoral irregularities that include ineligible voters may invalidate election results.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2018/2018fca2074Want more cases like this?
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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 →