Finance Sector Union of Australia, Commonwealth Bank Officers' Section, New South Wales Branch [2007] NSWIRComm 200

Industrial Court of New South Wales

CITATION: Finance Sector Union of Australia, Commonwealth Bank Officers' Section, New South Wales Branch [2007] NSWIRComm 200

PARTIES: APPLICANT Finance Sector Union of Australia, New South Wales Branch

FILE NUMBER(S): IRC 1085 of 2007

CORAM: Walton J Vice-President; Staff J; Backman J

CATCHWORDS: Registered organisation - Application by registered organisation for cancellation of its registration - Restructure and reorganisation rendered organisation defunct - Membership and governance of organisation incorporated into another registered organisation - Requirements of Industrial Relations Act met - Application granted

LEGISLATION CITED: Industrial Relations Act 1996 Workplace Relations Act 1996 (Cth)

HEARING DATES: 9 August 2007 EXTEMPORE JUDGMENT DATE: 9 August 2007

APPLICANT LEGAL REPRESENTATIVES: Solicitor: Mr S Penning Turner Freeman Lawyers

JUDGMENT:

- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES

FULL BENCH

CORAM: WALTON J, Vice-President STAFF J BACKMAN J

9 August 2007

Matter No IRC 1085 of 2007

FINANCE SECTOR UNION OF AUSTRALIA, COMMONWEALTH BANK OFFICERS' SECTION, NEW SOUTH WALES BRANCH

Application by Finance Sector Union of Australia, New South Wales Branch for cancellation of registration of the Finance Sector Union of Australia, Commonwealth Bank Officers' Section, NSW Branch an Industrial Organisation under s 225(3) of the Industrial Relations Act 1996

JUDGMENT OF THE COURT EX TEMPORE [2007] NSWIRComm 200

1 The Finance Sector Union of Australia, Commonwealth Bank Officers' Section, New South Wales Branch ("the FSU/CBOA"), an industrial organisation of employees, has made application pursuant to s 225(3) of the Industrial Relations Act 1996 ("the Act") to cancel its registration. 2 The relevant statutory provisions are found in Ch 5, Pt 3, Div 2 of the Act - Cancellation of Registration. The grounds upon which the registration of an organisation registered pursuant to the Act may be cancelled are to be found in s 226. The applicant relies upon the terms of s 226(f) and s 226(g), which provide: