The MEAA NSW. Application by The MEAA NSW for a determination of the question of an invalidity under s 288 of the Industrial Relations Act 1996 [2009] NSWIRComm 80

Industrial Court of New South Wales

CITATION: The MEAA NSW. Application by The MEAA NSW for a determination of the question of an invalidity under s 288 of the Industrial Relations Act 1996 [2009] NSWIRComm 80

PARTIES: APPLICANT: The Media Entertainment and Arts Alliance New South Wales

FILE NUMBER(S): IRC 267 of 2009

CORAM: Haylen J

CATCHWORDS: Registered organisation - application for determination of invalidity - Industrial Relations Act 1996 - s 288 - failure to hold elections in State registered organisation - practice of Federal Branch officers assuming equivalent position in State organisation - Federal organisation restructure not reflected in rules of State organisation - few equivalent offices - failure to hold valid elections since 2004 - failure to lodge financial returns and comply with provisions of Industrial Relations Act concerning organisations - Branch Council meets and authorises changes to rules to reflect structure of Federal Branch - invalidity found in management and administration of organisation - invalidity in election of offices and in alteration of rules - proposed orders would not do substantial injustice to members of the organisation or a creditor or any other person having dealings with the organisation - form of proposed orders varied - declaration and orders made to rectify the invalidities and validate decision to alter rules

LEGISLATION CITED: Industrial Relations Act 1996 (NSW) ss 288 (a)(b)& (c) 288(3), 288(5)

Australian Liquor Hospitality Miscellaneous Workers Union, New South Wales Branch [1999] NSWIRComm 217 CASES CITED: Liquor Hospitality and Miscellaneous Union, New South Wales Branch [2006] NSWIRComm 244 Merchant Service Guild of Australia, Queensland Branch, Union of Employees [2005] QIRComm 191 Re Seamens' Union of Australia, New South Wales Branch [2001] NSWIRComm 151