Originating application for inquiry relating to a ballot under Part 2 of Chapter 3 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009 (Form 83)

When registered organisations (unions or employer associations) propose to amalgamate, their members vote in a ballot under Part 2 of Chapter 3 of the Fair Work (Registered Organisations) Act 2009. Section 69(1) allows an application to the Federal Court, not later than 30 days after the result of the ballot is declared, for an inquiry into alleged irregularities. Rule 34.07(1) of the Federal Court Rules 2011 requires an originating application in Form 83 and an affidavit stating, briefly but specifically, the nature of the claim and the material facts. Regulation 73 of the RO Regulations says who may apply: a member of the organisation whose members were eligible to vote, a person acting on behalf of such a member, or the Electoral Commissioner. If the Court finds an irregularity that may affect the result, it may order a step to be taken again or a fresh ballot (s 69(2)).

When you need it

• You are a member of an organisation that held (or is holding) an amalgamation ballot, or act for such a member, and you believe there were irregularities.
• You are the Electoral Commissioner applying for an inquiry into an amalgamation ballot.
• The result was declared no more than 30 days ago, or the ballot has not yet been completed.
• Not for withdrawal-from-amalgamation ballots (Part 3 of Chapter 3): those inquiries now go to the Fair Work Commission (s 108).

1. 1

   Heading

   Insert the District Registry, the applicant's name and the amalgamated organisation's name. Proceedings arising solely under the Registered Organisations Act are instituted in the Fair Work Division of the Court (E&IR-1 para 2.2), so insert Fair Work as the Division.

2. 2

   Leave the hearing details to the Registry

   The Registry inserts the hearing time, date and place, and may endorse names of people who must be notified if the Court directs.

3. 3

   Say who the applicant is

   Choose one option: a member of the organisation whose members were eligible to vote, a person acting on behalf of such a member, or the Electoral Commissioner. Delete the others.

4. 4

   Particulars of the ballot

   Name the organisation and choose whether the question was approval of the proposed amalgamation or the alternative amalgamation. State the date the ballot was completed, or that it has not been completed.

5. 5

   Particulars of the irregularities

   Set out each alleged irregularity in a numbered paragraph, with enough detail to show how it may have affected the result.

6. 6

   Address, date and sign

   Give the address for service (r 11.01), email and residential or business address, then sign as the Applicant or lawyer.

• File within 30 days after the result of the ballot is declared (s 69(1)), with the supporting affidavit (r 34.07(1)(b)). eLodgment is the Court's electronic filing system. Check the Court's fee schedule for any filing fee.
• A Registrar fixes the return date and place and endorses them on the application for service (r 34.07, note).
• The Court or a Judge may give directions to make sure everyone entitled to appear is notified of the hearing (reg 74), and may authorise inspection of rolls, ballot papers and other documents (reg 75).
• If the ballot is still running, a separate application in Form 87 can ask the Court to stop further steps (reg 77; r 34.08(2)).

• Do not miss the 30-day limit. It runs from the declaration of the result, not from when you found out about the problem.
• The Court may allow other persons to appear and need not apply the rules of evidence (reg 76), but your affidavit should still state the facts specifically.
• The form's title refers to Schedule 1 to the Act, but rule 34.07(1) and section 69 now refer to Part 2 of Chapter 3 of the Act itself.