Re The Association of Foremen & Supervisors [2008] NSWIRComm 47

Industrial Court of New South Wales

CITATION: Re The Association of Foremen & Supervisors [2008] NSWIRComm 47

APPLICANT George Michael Grimson, Industrial Registrar PARTIES: RESPONDENT The Association of Foremen & Supervisors

FILE NUMBER(S): IRC 2068 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

LEGISLATION CITED: Industrial Relations Act 1996 Industrial Relations (General) Regulation 2001

HEARING DATES: 5 March 2008 EXTEMPORE JUDGMENT DATE: 5 March 2008

APPLICANT Mr G M Grimson Industrial Registrar LEGAL REPRESENTATIVES: RESPONDENT Mr M de Carne Australian Workers' Union

JUDGMENT:

- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES

FULL BENCH

CORAM: BOLAND J STAFF J BACKMAN J

5 March 2008

Matter No IRC 2068 of 2007

THE ASSOCIATION OF FOREMEN & SUPERVISORS

Reference by the Industrial Registrar to the Industrial Court of NSW under the Industrial Relations Act 1996 of a failure by the Association of Foremen & Supervisors to comply with statutory requirements and the rules of the organisation

JUDGMENT OF THE COURT EX TEMPORE [2008] NSWIRComm 47

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 Association of Foremen & Supervisors, an industrial organisation of employees. 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 At the directions hearing before Staff J on 20 November 2007, Ms Z Angus appeared for the Australian Workers' Union and requested that service of the notice of motion and affidavit in support in respect of the application be effected by serving a copy of on the Australian Workers' Union. The Industrial Registrar advised the Court that the notice of motion and affidavit in support was served on the Australian Workers Union. 4 Mr M de Carne appeared on behalf of the Australian Workers' Union ("AWU"). He advised that the AWU had formerly managed the affairs of the Association and supported the application to cancel its registration. 5 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. 6 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 7 In the circumstances we make the following orders: 1. The registration of the Association of Foremen & Supervisors, an organisation of employees 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.