Public Service Association of NSW and Health and Research Employees' Association of NSW v Broken Hill Town Employees' Union [2003] NSWIRComm 100

Industrial Relations Commission of New South Wales

CITATION : Public Service Association of NSW and Health and Research Employees' Association of NSW v Broken Hill Town Employees' Union [2003] NSWIRComm 100 APPELLANTS Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales PARTIES : Health and Research Employees' Association of New South Wales

RESPONDENT Broken Hill Town Employees' Union FILE NUMBER: IRC 1872 and IRC 2636 of 2002 CORAM: Wright J President; Harrison DP; Connor C; Tabbaa C Appeal - Registered organisations - Application for registration under the Industrial Relations Act 1996 - Appeal from Deputy Industrial Registrar dismissing objections to registration - "Conveniently belong" - Relevance of historial circumstances - Appeals dismissed. CATCHWORDS : Registered organisations - Appeal - Application for registration under the Industrial Relations Act 1996 - Appeal from Deputy Industrial Registrar dismissing objections to registration - "Conveniently belong" - Relevance of historial circumstances - Appeals dismissed. Conciliation and Arbitration Act 1904 (Cth) Industrial Arbitration Act 1940 s 8(3) Industrial Relations Act 1988 (Cth) LEGISLATION CITED : Industrial Relations Act 1996 s 193 s 194 s 208 s 218(1) s 220 Industrial Relations Act 1991 s 412 Occupational Health and Safety Act 1983 Trade Union Act 1881 s 14(7) AMP Society Staff Association, Re (1968) 123 CAR 301 Association of Professional Engineers, Australia, Re (1952) 73 CAR 134 Association of Professional Scientists of Australia, Re (1962) 101 CAR 920 Australian Chamber of Manufactures, New South Wales Branch, Re (1993) 50 IR 87 Australian Railways Union v National Union of Railwaymen of Australia (1933) 32 CAR 443 Australian Universities Industrial Association and Anor, Re [1988] AILR 493 Building Construction Employees and Builders' Labourers Federation of New South Wales, Re [1979] AR (NSW) 817 Building Workers' Industrial Union of Australia, Re (1962) 100 CAR 822 CASES CITED : Building Workers' Industrial Union of Australia, Re (1962) 101 CAR 912 Chamber of South Australian Employers (No 2), Re (1991) 43 IR 424 Coldham, Ex parte Brideson, Re (1989) 166 CLR 338 Federal Firefighters Union, Re (1990) 35 IR 27 Federal Tobacco Workers' Union, Re (1978) AILR 342 Federated Clerks Union of Australia v Australian Shipping Officers' Association (1942) 47 CAR 30 Federated Miscellaneous Workers' Union of Australia, Re (1973) 153 CAR 1046 Federated Riggers' and Scaffolders' Union, Re (1961) 142 NSWIG 561 House v The King (1936) 55 CLR 499 O'Sullivan v Roads and Traffic Authority of NSW [2002] NSWIRComm 214 HEARING DATES: 08/19/2002; 10/29/2002; 12/20/2002 DATE OF JUDGMENT: 04/10/2003