Re Seamens' Union of Australia New South Wales Branch [2001] NSWIRComm 151

Industrial Relations Commission of New South Wales

CITATION : Re Seamens' Union of Australia New South Wales Branch [2001] NSWIRComm 151 PARTIES : APPLICANT: Seamens' Union of Australia, New South Wales Branch FILE NUMBER: IRC2633 of 2001 CORAM: Walton J Vice-President CATCHWORDS : Registered organisation - Application for determination of invalidity - Alleged invalidity related to a failure to hold elections in State registered organisation - No elections held in accordance with transitional rules - Elections had been held in the federal counterpart organisation - Finding of invalidity is jurisdictional prerequisite - Principles governing determination of question of invalidity - Invalidity found in the management or administration of and an appointment in the organisation - Possible invalidity in an election in the organisation - Orders proposed to cure invalidity - Factors warranting exercise of discretion to make orders - Court satisfied that orders proposed would not do substantial injustice to the members of the union or any creditor of the union or any person having dealings with the union - Form of proposed orders varied - Declarartion made - Orders made Industrial Relations Act 1996 ss249 288 Industrial Relations (General) Regulations 1996 cl29 LEGISLATION CITED : Industrial Relations Act 1991 s445 Workplace Relations Act 1996 (Cth) Conciliation and Arbitration (Organisations) Act 1974 (Cth) s171C Australian Building Construction Employees' and Builders' Labourers' Federation, Re (1978) 46 FLR 308 Food Preservers' Union of Australia and Anor (1998) 79 ALR 138 CASES CITED : Gordon v Carroll and Ors, Re (1975) 27 FLR 129 Hardacre v Health and Research Employees' Association of New South Wales (1999) 90 IR 97 Jess v Scott (1986) 14 IR 341 HEARING DATES: 05/16/2001 DATE OF JUDGMENT: 07/18/2001