Australian Maritime Officers' Union Of New South Wales [2007] NSWIRComm 287

Industrial Court of New South Wales

CITATION: Australian Maritime Officers' Union Of New South Wales [2007] NSWIRComm 287

PARTIES: APPLICANT: Australian Maritime Officers' Union Of New South Wales

FILE NUMBER(S): IRC 1897 of 2007

CORAM: Staunton J

CATCHWORDS: Application - validation orders sought pursuant to section 288 of the Industrial Relations Act 1996 - invalidity occurring in the management and administration of the applicant Union - invalidity involving the failure by the Union to conduct elections for the office bearers of the Union before the expiry of their term of office - findings and orders made.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 19 November 2007 EXTEMPORE JUDGMENT DATE: 19 November 2007

APPLICANT: LEGAL REPRESENTATIVES: Mr M Fleming Australian Maritime Officers' Union

JUDGMENT:

- 6 - INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: Staunton J DATE: 19/11/2007

Matter No IRC 1897 of 2007 Australian Maritime Officers' Union Of New South Wales

Application by Australian Maritime Officers' Union of New South Wales for a determination of the question of an invalidity under s 288 of the Industrial Relations Act 1996

EXTEMPORE JUDGMENT [2007] NSWIRComm 287

1 This is an application by the Australian Maritime Officers' Union of New South Wales for validation orders pursuant to s 288 of the Industrial Relations Act 1996. 2 This matter concerns an application by the Australian Maritime Officers' Union of New South Wales (AMOU), an industrial organisation of employees registered under the Industrial Relations Act 1996 for orders pursuant to s 288 of that Act to address invalidities that have occurred in the management or administration of the applicant Union. 3 The said invalidity involves the failure by the Union to conduct elections for the office bearers of the Union before the expiry of their term of office. 4 The application is supported by two affidavits from Mr Richard Barnes. Mr Barnes is currently the Eastern Area Secretary of the Australian Maritime Officers' Union, the Federal organisation. The affidavits of Mr Barnes were sworn on 10 October and 5 November 2007 respectively. 5 The nature and circumstances of the invalidity in the management of the applicant Union is particularised in the affidavit of Mr Barnes of 10 October 2007. Those particulars disclose that the rules of the applicant Union provided for five office bearers who comprise the Committee of Management of the Union. The term of office for those office bearers is four years. 6 On 27 September 2001, elections were held for the requisite office bearers of the applicant Union, they being a President, three Vice-Presidents and a Secretary/Treasurer. Elected to the position of Secretary/Treasurer of the applicant Union was Mr Kevin Pinch. 7 At the time of his election as Secretary/Treasurer of the applicant Union, Mr Pinch was employed as an Industrial Officer by the Federal organisation, the Australian Maritime Officers' Union. His job, amongst others, was to manage the day-to-day affairs of the applicant Union including organising meetings of the Committee of Management, members' meetings, the annual returns of the applicant and elections of the applicant Union. 8 On 18 May 2005 Mr Pinch resigned as Industrial Officer of the Federal organisation as well as his position of Secretary/Treasurer of the applicant Union. No person was appointed or elected in his place. Another officer, Mr John Wydell from the Federal organisation, oversaw the organising and preparing of the financial and annual returns for the Federal organisation. 9 In May 2006, Mr Wydell had cause to consider the returns for the applicant Union for the 2005 year. When he did so, and as Mr Barnes deposed in his affidavit of 10 October 2007: [9] I understand that in May 2006 it came to Mr Wydell's attention that the Return for the Australian Maritime Officers' Union of New South Wales would also need to be prepared, so the passbook was forwarded to the Auditor. Annexed hereto and marked "RB03" is a copy of the Statement of Assets and Liabilities and the Auditors Report for the Australian Maritime Officers' Union of New South Wales. To the best of my knowledge and belief, the financial circumstances of the organisation are fully revealed in the Audited Accounts and that there has not been any improper financial activity. To the best of my knowledge and belief the organisation has no outstanding debts of any description whatsoever. [10] Two Certificates required for completion are the Certificate by Secretary of a State Organisation and Certificate by Committee of Management of a State Organisation. [11] It was realised there was no Secretary/Treasurer. Mr Wydell began making inquiries as to whether or not another officer of the Committee of Management could sign the Certificates. It was at this point that Mr Wydell discovered the terms of the office holders comprising the Committee of Management had also expired.