Jardine finally gets justice

It's official. Brian Jardine will become National Secretary of our federal union, the Community & Public Sector Union (SPSF Group), on Wednesday April 23.

Yesterday Justice Ryan ordered that the Returning Officer declare the vote which occurred ten months ago. Jardine convincingly defeated the incumbent David Bunn with 16,428 votes against 12,602 votes.

Nevertheless Bunn and Secretaries of the Tasmanian, Victorian, Western Australian and South Australian Branches challenged the result in the Industrial Court, claiming that Queensland and New South Wales members were unfinancial and thus ineligible to vote.

That argument hung on a purported rule change which raised the federal union's membership fee from $16.11 to $185.04. The NSW and Queensland branches opposed this attempt to take control of PSA and SPSFQ revenues. The rule was passed because some Queensland delegates to National Council broke a branch instruction to vote against the fee rise.

NSW and Queensland refused to pay the $185.04 and continued paying the $16.11.

Yesterday Justice Ryan ruled that Queensland Branch could bind its delegates, and that the fee rise was invalid, and consequently Queensland and New South wales members were financial members and were valid voters. Hence Brian Jardine was properly elected.

The orders clear the way for elections in the Queensland Branch, which includes election of new National Councillors from Queensland. However there are a few hitches. The Bunn forces say they will appeal the decisions. The elections are conducted by the Australian Electoral Commission and the Commission may be inclined to not conduct elections until the appeal is settled. This may spark more litigation.

The appeal is unlikely to affect Jardine as electoral inquiry decisions are effectively final. They can only be appealed in very special circumstances, and they are unlikely to exist in this case. Our advice is none of the appeal will succeed.