Originating application for inquiry relating to a ballot under Part 3 of Chapter 3 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009 (Form 84)

Part 3 of Chapter 3 of the Fair Work (Registered Organisations) Act 2009 lets a constituent part of an amalgamated organisation hold a ballot on withdrawing from it. Rule 34.07(3) of the Federal Court Rules 2011 still says that an application under section 108(1) for an inquiry into irregularities in that ballot is made by originating application in Form 84 with a supporting affidavit. However, the current section 108(1) provides for the application to be made to the Fair Work Commission (FWC), not the Court, not later than 30 days after the result is declared. Regulation 102 of the RO Regulations says the application must be in the form set out in the FWC's Procedural Rules and lodged with the FWC. Form 84 is kept here for reference, but check with the FWC before relying on it.

When you need it

• You are researching the Federal Court rules for withdrawal-from-amalgamation ballots and want to see what Form 84 contains.
• You need to understand the historical procedure, for example in a matter that started before the jurisdiction moved to the FWC.
• For a new inquiry into a withdrawal ballot, apply to the FWC under s 108(1) and reg 102 instead.

1. 1

   Heading

   The form is headed with the District Registry, the applicant's name and the amalgamated organisation's name, with the hearing details inserted by the Registry.

2. 2

   Who the applicant is

   The form offers member, former member within 12 months, or Electoral Commissioner. Regulation 102 now describes the applicants as a member of the constituent part whose members were eligible to vote, a person acting on behalf of such a member, or the Electoral Commissioner.

3. 3

   Particulars of the ballot

   Identify the ballot of members of the amalgamated organisation about the proposed withdrawal of a named constituent part, and whether the ballot was completed (with the date) or not.

4. 4

   Particulars of irregularities

   Set out each alleged irregularity in numbered paragraphs, supported by an affidavit stating briefly but specifically the nature of the claim and the material facts (r 34.07(3)(b)).

5. 5

   Address and signature

   Give the address for service, email and residential or business address, and sign as the applicant or lawyer.

• Under the current section 108(1), an application for an inquiry into a withdrawal ballot is made to the FWC, not later than 30 days after the result of the ballot is declared.
• Regulation 102 requires the application to be in the form set out in the FWC's Procedural Rules and lodged with the FWC with any documents those rules require.
• The FWC's powers on such an inquiry are exercised by the President or, if the President directs, a Full Bench (s 108A).
• Rule 34.07(3) of the Federal Court Rules still refers to Form 84; it has not been updated to match the Act.

• Do not file Form 84 in the Federal Court for a new withdrawal ballot inquiry without first checking the current Act and the FWC's requirements.
• The 30-day limit applies whichever body hears the inquiry, so move quickly.
• Inquiries into amalgamation ballots (Part 2 of Chapter 3) are still made to the Federal Court using Form 83 (s 69; r 34.07(1)).