Industrial Court of New South Wales CITATION: The Gas Industry Salaried Officers' Federation, NSW Branch [2010] NSWIRComm 35 PARTIES: Industrial Registrar, Industrial Court of NSW (Applicant) The Gas Industry Salaried Officers' Federation, NSW Branch (Respondent) FILE NUMBER(S): IRC1227 of 2008 CORAM: Kavanagh J; Haylen J; Backman J CATCHWORDS: DEREGISTRATION - pursuant to s225 and s 226 of the Industrial Relations Act 1996 - application by Industrial Registrar - no members - no funds - outstanding funds legitimately transferred - public notification of proceedings - order for cancellation of industrial organisation LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 15 March 2010 EXTEMPORE JUDGMENT DATE: 15 March 2010 Mr M Grimson, Registrar (Applicant) LEGAL REPRESENTATIVES: Mr G Beard, AWU (NSW) (Respondent) JUDGMENT: - 1 - INDUSTRIAL COURT OF NEW SOUTH WALES FULL BENCH CORAM: Kavanagh J Haylen J Backman J Monday 15 March 2010 Matter No IRC 1227 of 2008 THE GAS INDUSTRY SALARIED OFFICERS' FEDERATION, NSW BRANCH Reference by the Industrial Registrar to the Industrial Court of NSW under the Industrial Relations Act 1996 of a failure by The Gas Industry Salaried Officers' Federation, NSW Branch to comply with statutory requirements and the rules of the organisation EX TEMPORE JUDGMENT OF THE COURT [2010] NSWIRComm 35 1 The Industrial Registrar by Notice of Motion filed 22 August 2008 seeks an order of the Industrial Court of NSW for the cancellation of the Gas Industry Salaried Officers' Federation, NSW Branch, as an organisation of employees under the Industrial Relations Act 1996. 2 The Industrial Registrar relies upon the following grounds: 1. That the said industrial organisation has contravened industrial relations legislation under s 226(a) of the Act in that: (a) elections of officers have not been conducted in accordance with s 249 of the Act and clause 31 of the Industrial Relations (General) Regulations 2001; (b) accounting records and other financial statements have not been lodged with the Industrial Registrar pursuant to section 282 of the Act; and (c) statutory declarations relating to the particulars of office holders have not been lodged with the Industrial Registrar pursuant to s 278(3) of the Act 3 Reliance is placed on two affidavits of Russell Kerry Collison, Secretary of The Australian Workers' Union, NSW Branch affirmed on 17 December 2009 and 19 February 2010. He revealed the Branch committee of management of the Gas Industry Salaried Officers' Federation, NSW Branch made a decision to seek deregistration in August 2007. Mr Collison gives the Court the assurance the Gas Industry Salaried Officers Federation does not have any outstanding financial commitments. Mr Collison opined his union's rules would and could cover any employees working as salaried officers within the gas industry. 4 The inquiries made and the Report prepared by the Industrial Registrar supports the above information as did an unsigned statement of Jeff Byrne, prior Secretary of the Gas Industry Salaried Officers Federation. 5 Mr Paul Howes, National Secretary of The Australian Workers' Union, NSW Branch in his affidavit affirmed on 26 August 2008 assured the Court his organisation's rules would and could provide coverage to any employees in the gas industry. 6 In accordance with the provisions of s 226 (e), (f) and (g) of the Industrial Relations Act 1996 we are satisfied that the industrial organisation no longer effectively represents the members who are employees in the gas industry and the organisation is now defunct. Orders 7 The Court makes the following orders: 1. The Registration of the Gas Industry Salaried Officers' Federation, NSW Branch, as an organisation of employees under the provisions of the Industrial Relations Act 1996, is cancelled. 2. That such cancellation shall take effect on and from seven days of the date of this Judgment. 3. The Industrial Registrar is directed to record (in the register kept under s 232 the Act) the above order. 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.