Industrial Relations Commission New South Wales Medium Neutral Citation: Cancellation of Registration of New South Wales Road Transport Association and other Associations [2023] NSWIRComm 1089 Hearing dates: 31 August 2023 Date of orders: 31 August 2023 Decision date: 31 August 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner McDonald Decision: Pursuant to s 334(1) of the Industrial Relations Act 1996 the registration of the following associations of employing contractors is cancelled: (1) New South Wales Road Transport Association; (2) The Long Distance Road Transport Association of Australia; (3) Quarry Masters' Association of New South Wales; (4) The Sand and Soil Producers Association of New South Wales; (5) N.R.M.C.A. (NSW) Limited; (6) The Brick Manufacturers' Association of New South Wales; (7) The Asphalt Manufacturers and Contractors Association of New South Wales; (8) The Roof Tile Manufacturers' and Contractors Association of New South Wales; and (9) The Australian Courier and Taxi Truck Operators' Association. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Organisations – Registration – cancellation of registration of associations of employing contractors on the basis that they have ceased to exist Legislation Cited: Industrial Relations Act 1996 ss 334, 342 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: New South Wales Road Transport Association (Respondent in 2023/00266950) The Long Distance Road Transport Association of Australia (Respondent in 2023/00267008) Quarry Masters' Association of New South Wales (Respondent in 2023/00267096) The Sand and Soil Producers Association of New South Wales (Respondent in 2023/00267104) N.R.M.C.A. (NSW) Limited (Respondent in 2023/00267119) The Brick Manufacturers' Association of New South Wales (Respondent in 2023/00267142) The Asphalt Manufacturers and Contractors Association of New South Wales (Respondent in 2023/00267219) The Roof Tile Manufacturers' and Contractors Association of New South Wales (Respondent in 2023/00267233) The Australian Courier and Taxi Truck Operators' Association (Respondent in 2023/00267253) Representation: No appearances entered File Number(s): 2023/00266950, 2023/00267008, 2023/00267096, 2023/00267104, 2023/00267119, 2023/00267142, 2023/00267219, 2023/00267233, 2023/00267253 Publication restriction: No EX TEMPORE DECISION 1. There are nine matters before the Full Bench. Each concerns the question as to whether, pursuant to s 334 of the Industrial Relations Act 1996 ("Act"), the Full Bench ought to cancel the registration of an association of employing contractors on the basis that it has ceased to exist. 2. The proceedings relate to the following associations: 1. New South Wales Road Transport Association; 2. The Long Distance Road Transport Association of Australia; 3. Quarry Masters' Association of New South Wales; 4. The Sand and Soil Producers Association of New South Wales; 5. N.R.M.C.A. (NSW) Limited; 6. The Brick Manufacturers' Association of New South Wales; 7. The Asphalt Manufacturers and Contractors Association of New South Wales; 8. The Roof Tile Manufacturers' and Contractors Association of New South Wales; and 9. The Australian Courier and Taxi Truck Operators' Association. ("the Associations") 1. Section 342(1) of the Act requires the Industrial Registrar, amongst other things, to keep a register of associations of employing contractors which is to be open to inspection by any person at the office of the Industrial Registrar ("Register"). As a result of concerns that the Register may have become outdated, a number of steps were undertaken to check its accuracy. Those steps are described in a report which has been prepared for the Full Bench by Industrial Registrar Robinson dated 22 August 2023, which is Exhibit 1 in each of the matters before us. 2. Drawing on that report, and Commissioner Sloan's involvement in these matters, the steps that have been taken by the Commission to date to ascertain the status of the Associations may be summarised as follows: 1. The Industrial Registrar requested and interrogated the files recording the original registration of each of the Associations. She also conducted internet searches for each Association. 2. On 1 February 2023 the Industrial Registrar, at the request of the Rule Committee of the Commission, sent an email addressed to the Australian Federation of Employers and Industries, Australian Industry Group, the Australian Road Transport Industrial Organisation New South Wales, the Civil Contractors Federation New South Wales, Local Government New South Wales, the Master Builders' Association, NSW Business Chamber Limited and the Transport Workers' Union. Attached to that email was a copy of the Register. The email stated that as the Register appeared to have become outdated the Rule Committee sought the assistance of the addressees in reviewing the Register with a view to bringing it up to date, and that Commissioner Sloan would convene a meeting to discuss that issue, among other things. 3. On 14 March 2023 Commissioner Sloan convened a meeting, conducted by Teams, with representatives of the organisations to whom the email of 1 February 2023 had been sent. The meeting resulted in the identification of a number of issues with the Register which were capable of being rectified subsequently, such as updating the name of particular organisations. However, the participants in the meeting were unable to provide any assistance as to the status of the Associations. 4. On 8 June 2023 Industrial Registrar Robinson sent correspondence to each of the Associations, addressed to their last known address. In each case the correspondence stated that it appeared that the Association had ceased to exist and that its name ought to be removed from the Register. The letter sought a response by Friday, 23 June 2023 to indicate whether the Association consented to or opposed its name being removed from the Register. 5. By letter dated 9 June 2023 The Long Distance Road Transport Association of Australia provided consent to its removal from the Register. 6. Other than in respect of N.R.M.C.A. (NSW) Limited, from which no response was received, the other letters were returned to the Commission marked, "Returned to sender and not known at that address." 1. In her report, Industrial Registrar Robinson states that she is satisfied that the Associations have ceased to exist. 2. Each matter currently before the Full Bench was commenced on 23 August 2023 by Industrial Registrar Robinson issuing a summons to show cause. Given the facts to which we have just referred, it was considered futile to attempt service of the summonses at the last known address of the Associations. Instead, the summonses were posted prominently on the Commission's website on 23 August 2023, and have remained so. There has been no response by any of the Associations to the summonses. None of the Associations appeared at today's proceedings. 3. Section 334 of the Act provides as follows: 334 Cancellation of registration (1) A Full Bench of the Commission may order cancellation of the registration of an association of employing contractors— (a) if the Full Bench is satisfied that, throughout the period of 6 months immediately before the day of the making of the order, the members of the association had not been parties to contracts, of the class in relation to which the association is registered, with at least 25 different carriers, or (b) if the Full Bench is satisfied that the group or organisation comprising the association has ceased to exist, or (c) for any other reason that to the Full Bench seems appropriate. (2) If the Full Bench makes such an order, the Industrial Registrar is to cancel the registration of the association by removing from the register of associations of employing contractors the name of the association. 1. On the information available to the Full Bench, we are satisfied that the group or organisation comprising each Association has ceased to exist within the meaning of s 334(1)(b). We further observe, in the context of s 334(1)(a), that there is no evidence that in the six months prior to today the members of each Association had been parties to contracts of the class in relation to which the association was registered with at least 25 different carriers. 2. On this basis we make the following order: 1. Pursuant to s 334(1) of the Industrial Relations Act 1996 the registration of the following associations of employing contractors is cancelled: 1. New South Wales Road Transport Association; 2. The Long Distance Road Transport Association of Australia; 3. Quarry Masters' Association of New South Wales; 4. The Sand and Soil Producers Association of New South Wales; 5. N.R.M.C.A. (NSW) Limited; 6. The Brick Manufacturers' Association of New South Wales; 7. The Asphalt Manufacturers and Contractors Association of New South Wales; 8. The Roof Tile Manufacturers' and Contractors Association of New South Wales; and 9. The Australian Courier and Taxi Truck Operators' Association. 1. We direct that the files be returned to the Industrial Registrar in order that the names of the Associations may be removed from the Register pursuant to s 334(2) of the Act. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 04 September 2023