Industrial Court of New South Wales CITATION: Gas Employees Union [2010] NSWIRComm 48 PARTIES: Industrial Registrar, Industrial Court of NSW (Applicant) Gas Employees Union (Respondent) FILE NUMBER(S): IRC1226 of 2008 CORAM: Kavanagh J; Haylen J; Backman J CATCHWORDS: MOTION TO DEREGISTER - pursuant to s225 and s 226 of the Industrial Relations Act 1996 - application by Industrial Registrar - Gas Employees Union has no members - no funds - outstanding funds legitimately transferred - public notification of proceedings - order for cancellation of industrial organisation approved LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 09 April 2010 EXTEMPORE JUDGMENT DATE: 9 April 2010 Mr M Grimson, Industrial Registrar (Applicant) LEGAL REPRESENTATIVES: Mr G Beard, Australian Workers' Union (NSW) (Respondent) JUDGMENT: - 2 - INDUSTRIAL COURT OF NEW SOUTH WALES FULL BENCH CORAM: Kavanagh J Haylen J Backman J Friday 9 April 2010 Matter No IRC 1226 of 2008 GAS EMPLOYEES UNION Reference by the Industrial Registrar to the Industrial Court of NSW under the Industrial Relations Act 1996 of a failure by Gas Employees Union to comply with statutory requirements and the rules of the organisation EX TEMPORE JUDGMENT OF THE COURT [2010] NSWIRComm 48 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 Employees Union, as an organisation of employees under the Industrial Relations Act 1996. Public Notice of this application was given by the Industrial Registrar. 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 The Report prepared by the Industrial Registrar revealed the Branch Committee of Management of the Gas Employees Union made a decision to seek deregistration in August 2007. 4 Reliance is placed on the affidavit of Russell Kerry Collison, Secretary of The Australian Workers' Union, NSW Branch affirmed on 29 March 2010. Mr Collison of the AWU, NSW gave the Industrial Registrar and the Court the assurance the Gas Employees Union does not have any outstanding financial commitments. Mr Collison opined his union's rules would and could cover any employees working within the gas industry. 5 Mr Paul Howes, National Secretary of The Australian Workers' Union, in his affidavit affirmed on 26 August 2008, also opined his organisation's rules would and could provide coverage to any employees in the gas industry if they were to work in an industry covered under Federal law. 6 In accordance with the provisions of s 226 (e), (f) and (g) of the Industrial Relations Act 1996, we are satisfied 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 Employees Union, 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 orders. 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.