Re: Mutual Banking Employers’ Association [2023] NSWSC 1060

Supreme Court New South Wales

Medium Neutral Citation: Re: Mutual Banking Employers' Association [2023] NSWSC 1060 Hearing dates: 1 September 2023 Date of orders: 4 September 2023 Decision date: 04 September 2023 Jurisdiction: Common Law Before: Walton J Decision: (1) The Court makes an order pursuant to s 227(1) of the Industrial Relations Act 1996 (NSW) that the registration of the Mutual Banking Employers' Association as an industrial organisation be cancelled effective from Monday 11 September 2023. (2) The Court orders that a copy of these reasons will be provided to the Principal Registrar for the purposes of the notification which the Principal Registrar is required to make to the Industrial Registrar under s 231A(b) of the Industrial Relations Act 1996 (NSW). Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – industrial organisation – cancellation of registration under s 227(1) of the Industrial Relations Act 1996 (NSW) – whether grounds are established under s 226(f) of the Industrial Relations Act 1996 (NSW) for the cancellation of registration of an industrial organisation – whether there is a discretion under s 227 of the Industrial Relations Act 1996 (NSW) – cancellation granted Legislation Cited: Industrial Relations Act 1996 (NSW), ss 3(d), 11(2)(b), 130(1)(a), 218(f), 221, 225(3), 226, 227, 228(3)(c), 231A(b), 234, 355B(e) Cases Cited: Re: The Newcastle Master Builders' Association [2023] NSWSC 868 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association [2022] NSWSC 1178; (2022) 320 IR 249 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 The application of National Union of Workers NSW Branch; in the matter of Industrial Relations Act 1996 (NSW) [2022] NSWSC 1437 Category: Principal judgment Parties: Mutual Banking Employers' Association (Plaintiff) Representation: Counsel: G O'Shea (Plaintiff)