Industrial Court of New South Wales CITATION: National Meat Association of New South Wales - Application to cancel registration as an Industrial Organisation [2010] NSWIRComm 28 PARTIES: Applicant: National Meat Association of New South Wales FILE NUMBER(S): IRC2033 of 2009 CORAM: Kavanagh J; Haylen J; Backman J CATCHWORDS: DEREGISTRATION - pursuant to s225 and s 226 of the Industrial Relations Act 1996 - satisfied organisation brings own application - no members - no fund - outstanding funds legitimately transferred - public notification of proceedings - order for cancellation of applicant industrial organisation LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 05 March 2010 EXTEMPORE JUDGMENT DATE: 5 March 2010 LEGAL REPRESENTATIVES: Mr G.P. Johnston (Applicant) JUDGMENT: - 2 - INDUSTRIAL COURT OF NEW SOUTH WALES FULL BENCH CORAM: Kavanagh J Haylen J Backman J Friday 5 March 2010 Matter No IRC 2033 of 2009 NATIONAL MEAT ASSOCIATION OF NEW SOUTH WALES Application by National Meat Association of New South Wales to cancel registration as an Industrial Organisation under ss 225(1) and 226 of the Industrial Relations Act 1996 EX TEMPORE JUDGMENT OF THE COURT [2010] NSWIRComm 28 1 The National Meat Association of New South Wales brings an application for its cancellation as an organisation of employers in accordance with the resolution moved by the Association on 21 May 2008. 2 Reliance is placed on two affidavits of Garry P Johnston, solicitor and agent of the Australian Meat Industry Council. Mr Johnston in his affidavit of 1 March 2010 reveals the public notification as to this deregistration. Further, reliance is placed upon an affidavit of Peter Hummerston, Vice-President of the National Meat Association of New South Wales who reveals to the Court that any outstanding funds held by the Association have been transferred to the Australian Meat Industry Corporation, as authorised in the final resolution of the National Meat Association of New South Wales. These funds we accepted were to satisfy an outstanding debt owed to the National Meat Association. 3 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; the organisation applies for the cancellation of its own registration; the organisation is now defunct. Orders 4 The Court makes the following orders: 1. The Registration of the National Meat Association of New South Wales as an organisation under the provisions of the Industrial Relations Act 1996 is cancelled. 2. The Industrial Registrar is directed to record (in the register kept under s 232 the Act) the above order and to note the date the Order takes effect is 5 March 2010. 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.