The Master Builders' Association of New South Wales (No 3) [2010] NSWIRComm 39

Industrial Relations Commission of New South Wales

CITATION: The Master Builders' Association of New South Wales (No 3) [2010] NSWIRComm 39

PARTIES: The Master Builders' Association of New South Wales (Applicant)

FILE NUMBER(S): IRC 2051 and 2052 of 2009

CORAM: Boland J President

CATCHWORDS: REGISTERED ORGANISATIONS - Employer organisation - Building Industry - Application for declaration of invalidity - Invalidity arose in relation to conduct of election, filing of statutory declarations concerning membership register and reporting of financial accounts - Invalidities found - Court satisfied that orders proposed 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 - Records lost of elections conducted prior to 2001 - Capacity of Court to rectify failure to lodge relevant documents with Industrial Registrar in relation to elections required to have been conducted prior to 2001 - Records of financial accounts for years 1997 to 2001 lost - No basis for suspending or cancelling organisation's registration on the ground of lost financial accounting records - Declarations made - Orders made.

Conciliation and Arbitration Act 1904 (Cth) LEGISLATION CITED: Industrial Relations Act 1991 Industrial Relations Act 1996

Geneff v Peterson (1986) 19 IR 40 The Master Builders' Association of New South Wales [2008] NSWIRComm 159 CASES CITED: The Master Builders' Association of New South Wales (No 2) [2009] NSWIRComm 108 Newcastle Master Builders' Association, Re [2007] NSWIRComm 57 Seamens' Union of Australia New South Wales Branch, Re [2001] NSWIRComm 151; 107 IR 90