Originating application for an order in relation to an inquiry regarding an alleged irregularity concerning a ballot (Form 87)

When an inquiry into an alleged irregularity in an amalgamation ballot under Part 2 of Chapter 3 of the Fair Work (Registered Organisations) Act 2009 has been instituted (by lodging a Form 83 application), regulation 77(1) of the Fair Work (Registered Organisations) Regulations 2009 lets the Federal Court, before it decides whether there was an irregularity, order that no further steps be taken in an uncompleted ballot, make incidental or supplementary orders, and vary or discharge them. Rule 34.08(2) of the Federal Court Rules 2011 requires an originating application in Form 87, and rule 34.08(3) allows it to be made without notice. An order continues until the inquiry ends unless it is expressed to expire earlier or is discharged (reg 77(2)), and failing to comply is an offence (reg 77(3)).

When you need it

• An inquiry into an amalgamation ballot has been instituted under s 69 and the ballot has not been completed.
• You want the ballot paused until the Court decides whether there was an irregularity.
• You need urgent orders, possibly without notice (r 34.08(3)).

1. 1

   Heading

   Insert the District Registry, Division (Fair Work) and the applicant and respondent names. Delete the 'To the Respondent' section if there is no respondent.

2. 2

   Leave the hearing details to the Registry

   The Registry inserts the hearing time and place and any order shortening time for service.

3. 3

   State the orders sought

   The form records that the application is under reg 77(1). List each order in numbered paragraphs, such as that no further steps be taken in the conduct of the ballot, plus any incidental orders.

4. 4

   Interlocutory relief

   Add any interlocutory orders in numbered paragraphs, or delete the section.

5. 5

   Address, service and signature

   Give the address for service, email and residential or business address, choose the service option, and sign as the Applicant or lawyer.

• File the application with a statement of claim or affidavit setting out the facts (r 8.05), identifying the inquiry already instituted. eLodgment is the Court's electronic filing system. Check the fee schedule for any filing fee.
• The application may be made without notice (r 34.08(3)). Where notice is given, serve the application and accompanying documents personally on each respondent at least 5 days before the first hearing unless time is shortened (r 8.06).
• An inquiry is taken to have been instituted when the s 69 application is lodged (reg 73(2)).

• Lodge the Form 83 inquiry application first, or together with this application. Regulation 77 only operates once an inquiry is instituted.
• Regulation 77 is limited to uncompleted ballots. Once the ballot is complete, the remedy is the Court's power to order a fresh ballot under s 69(2).
• For elections for office (rather than amalgamation ballots), use Form 86 under s 204 instead.