FEDERAL COURT OF AUSTRALIA

Herrington, in the matter of an election for offices in the Communications Division of the CEPU [2005] FCA 1012

CORRIGENDUM

SHARELLE HERRINGTON, IN THE MATTER OF AN ELECTION FOR OFFICES IN THE COMMUNICATIONS DIVISIO OF THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTALL, PLUMBING AND ALLIED SERVICES UPION OF AUSTRALIA

N 811 OF 2005

N 829 OF 2005

MADGWICK J

24 JUNE 2005 (CORRIGENDUM 4 AUGUST 2005)

SYDNEY

CORRIGENDUM

1                     In the reasons for judgment handed down by Justice Madgwick on 24 June 2005, paragraphs 2, 3, 4, 5 and 6 were omitted from the orders made on that day.  The orders should read:

1.         The rejection by the Australian Electoral Commission (‘AEC’) of Mr Dwyer’s nominations for the offices of Divisional Executive Member, Lines and General Section, and Divisional Conference Delegate, Lines and General Section, in the New South Wales Postal and Telecommunications Branch (‘Branch’) of the Communications Division of the Communications, Electrical, Elect(‘CEPU’)  constituted an irregularity or irregularities.

2.         The AEC accept the nominations of Mr Dwyer for the offices of Divisional Executive Member and Divisional Conference Delegate in the Branch and take all steps necessary to declare Mr Dwyer elected unopposed to those offices in the 2005 Communications Divisional Elections.

3.         The provision by the relevant office of the CEPU of electoral rolls to the AEC of the Communications Divisional Branches which excluded members of the TOA Branch of the Communications Division of the CEPU constituted an irregularity.

4.         The AEC Returning Officers for the State of New South Wales, Victoria, Queensland and South Australia deal with any ballot papers returned by financial members of the TOA Branch of the Communications Division of the CEPU (in accordance with Schedule ‘A’) to this Order for the contested 2005 Communications Divisional elections as if those TOA Branch financial members were members of the Divisional Branches to which they will transfer under the Communications Division Rules on 31 July 2005.

5.         To avoid doubt, an effect of order (4) above will be that ballots returned by TOA Branch members will be admitted to the preliminary scrutiny.

6.         The electoral inquiry be terminated.

A/g Associate:

Dated:              4 August 2005