Re Musicians' Union of New South Wales [2008] NSWIRComm 133

Industrial Court of New South Wales

CITATION: Re Musicians' Union of New South Wales [2008] NSWIRComm 133

APPLICANT Musicians' Union of New South Wales PARTIES: INTERVENOR Musicians' Union of Australia

FILE NUMBER(S): IRC 999 and IRC 1438 of 2007

CORAM: Staff J

CATCHWORDS: Registered organisation - Application for determination of invalidity - Alleged invalidities related to failure to hold elections, file accounting records and financial returns by State registered organisation - No elections held in accordance with rules in 2005 - Principles governing determination of question of invalidity - Invalidity found re elections - Factors warranting exercise of discretion to make orders - Court satisfied that granting of orders in respect of holding an election would not do substantial injustice to the members of the organisation or any creditor of the organisation or any person having dealings with the organisation - Court declines to make orders in respect of alleged invalidity in relation to the failure to file accounting and financial returns at this time - Orders made directing Secretary to report to Court after election and conferring with Committe of Management - Proposed orders varied - Declaration made - Orders made

Industrial Relations Act 1991 (NSW) Industrial Relations Act 1996 (NSW) LEGISLATION CITED: Industrial Relations (General) Regulation 1996 (NSW) Industrial Relations (General) Regulation 2001 (NSW) Workplace Relations Act 1996 (Cth)

Liquor, Hospitality and Miscellaneous Union, New South Wales Branch [2006] NSWIRComm 244 CASES CITED: Re Newcastle Master Builders Association [2007] NSWIRComm 57 Re Seamen's Union of Australia, New South Wales Branch [2001] NSWIRComm 151