Australian Medical Association (NSW) Limited v The Director-General, NSW Department of Health, in respect of the Hunter New England Area Health Service [2007] NSWIRComm 289

Industrial Relations Commission of New South Wales

CITATION: Australian Medical Association (NSW) Limited v The Director-General, NSW Department of Health, in respect of the Hunter New England Area Health Service [2007] NSWIRComm 289

APPLICANT/ RESPONDENT ON THE MOTION Australian Medical Association (NSW) Limited PARTIES: RESPONDENT/APPLICANT ON THE MOTION The Director-General, NSW Department of Health, in respect of the Hunter New England Area Health Service

FILE NUMBER(S): IRC 1201 of 2007

CORAM: Boland J

INDUSTRIAL DISPUTE - Notice of motion to dismiss dispute proceedings on ground that notifier of dispute an industrial organisation of employers and thus incapable of acting on behalf of employees - Industrial organisation of employers - Constitution of organisation provides for membership by registered medical practitioners who are employers or who have the potential to be employers - Members of organisation may be both employers and employees - Whether employer organisation has standing to notify industrial dispute involving members in their capacity as employees - Whether employer organisation has standing to represent members in their capacity as employees in dispute proceedings - Motion dismissed CATCHWORDS: REGISTERED ORGANISATIONS - Industrial dispute - Notice of motion to dismiss dispute proceedings on ground that notifier of dispute an industrial organisation of employers and thus incapable of acting on behalf of employees - Industrial organisation of employers - Constitution of organisation provides for membership by registered medical practitioners who are employers or who have the potential to be employers - Members of organisation may be both employers and employees - Whether employer organisation has standing to notify industrial dispute involving members in their capacity as employees - Whether employer organisation has standing to represent members in their capacity as employees in dispute proceedings - Motion dismissed