Re The Retail Traders' Association of New South Wales [2001] NSWIRComm 184

Industrial Relations Commission of New South Wales in Court Session

CITATION : Re The Retail Traders' Association of New South Wales [2001] NSWIRComm 184 revised - 15/08/2001 APPLICANT Andrew Gordon Musgrave, Deputy Industrial Registrar

PARTIES : RESPONDENT The Retail Traders' Association of New South Wales

INTERVENER Australian Retailers Association, New South Wales Division FILE NUMBER: IRC 2995 of 2001 CORAM: Wright J President; Hungerford J; Boland J CATCHWORDS : Registered Organisations - Report by Industrial Registrar - Notice of Motion to cancel the registration under industrial relations legislation of an industrial organisation of employers - Failure to comply with organisation's rules concerning election of officers - Failure to file auditor's report as to accounting records and other financial statements - Organisation no longer effectively representative of its members - Organisation defunct - Federal organisation registered as such under the NSW State industrial relations legislation - Effective industrial representation of employers in the industry assumed by the Federal organisation - Grounds for cancellation of registration - Consequences of cancellation - Order made cancelling registration. Industrial Arbitration Act 1912 (repealed) Industrial Arbitration Act 1940 (repealed) Industrial Relations Act 1991 (repealed) s 444(1) s 518(1) s 615 Sub-div 1 of Div 3 of Pt 3 of Ch 5 Sub-div 2 of Div 8 of Pt 3 of Ch 5 LEGISLATION CITED : Industrial Relations Act 1996 s 217 s 223 s 226 s 227 s 228 s 232 s 239 s 249 s 282 Pt 4 of Ch 5 Industrial Relations (General) Regulation 1996 cl 29 Industrial Reltions Regulation 1992 (repealed) cl 64 Workplace Relations Act 1996 (Cth) HEARING DATES: 08/10/2001 EXTEMPORE JUDGMENT DATE : 08/10/2001