Industrial Court of New South Wales CITATION: Re State Chamber of Commerce and Industry (Industrial Relations) Association [2008] NSWIRComm 45 APPLICANT George Mi.chael Grimson, Industrial Registrar PARTIES: RESPONDENT State Chamber of Commerce and Industry (Industrial Relations) Association FILE NUMBER(S): IRC 2066 of 2007 CORAM: Boland J; Staff J; Backman J CATCHWORDS: Registered organisation - Reference by Industrial Registrar for cancellation of registration - Failure to conduct elections - Failure to lodge accounts - Failure to provide particulars of office holders - Registration cancelled - Section 225, s 226, s 249, s 278 and s 282 Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Commission Rules 1996 Industrial Relations (General) Regulation 2001 HEARING DATES: 5 March 2008 EXTEMPORE JUDGMENT DATE: 5 March 2008 APPLICANT Mr G M Grimson LEGAL REPRESENTATIVES: Industrial Registrar RESPONDENT No appearance JUDGMENT: - 1 - INDUSTRIAL COURT OF NEW SOUTH WALES FULL BENCH CORAM: BOLAND J STAFF J BACKMAN J 5 March 2008 Matter No IRC 2066 of 2007 STATE CHAMBER OF COMMERCE AND INDUSTRY (INDUSTRIAL RELATIONS) ASSOCIATION Reference by the Industrial Registrar to the Industrial Court of NSW under the Industrial Relations Act 1996 of a failure by the State Chamber of Commerce and Industry (Industrial Relations) Association to comply with statutory requirements and the rules of the organisation JUDGMENT OF THE COURT EX TEMPORE [2008] NSWIRComm 45 1 By notice of motion filed 14 December 2007, the Industrial Registrar moved this Court pursuant to s 225(1) of the Industrial Relations Act 1996 ("the Act") to cancel the registration of the State Chamber of Commerce and Industry (Industrial Relations) Association ("the organisation") an industrial organisation of employers, 2 The application is supported by affidavit filed on 14 December 2007 in support of the notice of motion. The rules of the organisation were annexed to a report made by the Industrial Registrar to the Industrial Court of New South Wales dated 13 November 2007. 3 We are satisfied that the organisation has been given the requisite notice of the application so made by publication on the New South Wales Industrial Relations Commission Website in accordance with the requirements as to service set out by r 110 of the Industrial Relations Commission Rules 1996. In addition, the Industrial Registrar caused a link to that announcement to be forwarded to each of the peak councils in New South Wales. Copies of these announcements were provided to the Court. We note that no organisation has entered an appearance in respect to the application presently before us. 4 Although there was no appearance on behalf of the organisation, an affidavit was filed on 5 December 2007 by Mr Greg Pattison. Mr Pattison is employed by the New South Wales Business Chamber ("the Chamber") as the General Manager of the Workplace Solutions division. Mr Pattison stated that the Chamber was formed in 2006 as a result of the amalgamation of the State Chamber of Commerce ("SCC") and Australian Business Limited ("ABL"). Prior to the merger, there were separate registered industrial organisations for SCC and ABL. The organisation the subject of this application was the registered industrial organisation open to members of the SCC. Australian Business Industrial ("ABI") was the registered organisation affiliated with ABL. The merger of SCC and ABL did not include, nor did it result in a merger of its respective industrial organisations. 5 Following the merger, ABI became the registered industrial organisation affiliated with the Chamber. 6 Mr Pattison said that investigations undertaken by the Chamber at the time of the merger indicated that the organisation was unable to locate its records. Following the merger, approximately 800 members of the organisation became members of the Chamber. Those requiring industrial representation became members of ABI. 7 As at the date of swearing his affidavit, Mr Pattison stated that the Chamber had not undertaken, and was unaware of any activity to pursue or process annual subscriptions, to pursue or process new membership applications, or to amend the membership register of the organisation. 8 Mr Pattison observed that r 18 of the organisation's Rules provides that the association shall automatically dissolve in the event its membership does not exceed 50 members. 9 To the best of Mr Pattison's knowledge, the organisation does not have any members. 10 The application proceeded upon the grounds which are founded upon s 226(a) of the Act. Shortly stated, it is contended that the organisation has failed to conduct elections in accordance with s 249 of the act and cl 31 of the Industrial Relations (General) Regulation 2001 and that the organisation has failed to prepare, certify, audit, distribute or lodge the relevant accounts in accordance with the provisions of the Act and, in particular, s 282 of the Act. We note that the Registrar also contends that there has been a failure to provide particulars, or a failure to file statutory declarations relating to the particulars of the office holders pursuant to s 278(3) of the Act. 11 We consider that on the evidence before us, each of these contentions are made out and that the grounds for the cancellation of an organisation pursuant to s 226 of the Act have been properly satisfied.. ORDERS 12 In the circumstances we make the following orders: 1. The registration of the State Chamber of Commerce and Industry (Industrial Relations) Association, an organisation of employers under the Industrial Relations Act 1996 is hereby cancelled. 2. The said cancellation shall take effect on and from seven days after the date of this decision. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.