The appellant, who was an unsuccessful candidate for the office of Secretary at the respondent union, applied to the Commission for an inquiry into the election alleging irregularities under s 66(2)(e) of the Industrial Relations Act 1979 (WA).

In her original application, the appellant claimed that the respondent did not comply with an order of the Chief Commissioner until after the election results were declared, that the postal ballot period had been reduced due to a public holiday, and that the Returning Officer was under an obligation to extend the ballot period but failed to do so. The Chief Commissioner rejected these arguments, finding that the order had no bearing on the election process, and that there was no established practice requiring the ballot period or for the period to be extended in the event of a public holiday.

The appellant appealed this decision on several grounds, including that the Chief Commissioner had erred in finding that the non-compliance order was immaterial to the election process and that there was no established practice for a 21-day ballot period or obligation for it to be extended. She also contended that the limited ballot period hindered the full and free recording of votes.

The Full Bench found that the respondent’s delay in complying with the order and the Returning Officer's conduct did not constitute irregularities in connection with the election. Finding that the Chief Commissioner had not erred in the original proceedings, the Full Bench upheld the Chief Commissioner's findings and dismissed the appeal.

The decision can be read here.