Liquor, Hospitality and Miscellaneous Union, New South Wales Branch [2006] NSWIRComm 244

Industrial Court of New South Wales

CITATION: Liquor, Hospitality and Miscellaneous Union, New South Wales Branch [2006] NSWIRComm 244

PARTIES: Liquor, Hospitality and Miscellaneous Union, New South Wales Branch

FILE NUMBER(S): IRC 2350 of 2006

CORAM: Walton J Acting President

CATCHWORDS: Registered organisation - Application for declaration of invalidity - Alleged invalidity arose from union altering its rules to increase contribution rates and levying those increased contribution rates - consent of Industrial Registrar not sought under s245 to the alteration of the rules before levying increased rates - Finding of invalidity is jurisdictional prerequisite - Principles governing determination of question of invalidity - Applicability of s245 - Invalidity found in the management or administration of and in the making or alteration of the rules of the organisation - Orders proposed to cure invalidity - whether application for consent must first be made under s245 - Factors warranting exercise of discretion to make orders - Court satisfied that orders proposed would not do substantial injustice to the members of the union or any creditor of the union or any person having dealings with the union - Form of proposed orders varied - Declaration made - Orders made

LEGISLATION CITED: Industrial Relations Act 1996, ss3(d), 245, 288

Re Seamens' Union of Australia New South Wales Branch [2001] NSWIRComm 151 CASES CITED: Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch [1999] NSWIRComm 217 Merchant Service Guild of Australia, Queensland Branch, Union of Employees [2005] QIRComm 191 Brown v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2001] 109 IR 162