Health Services Union [2010] NSWIRComm 107

Industrial Relations Commission of New South Wales

CITATION: Health Services Union [2010] NSWIRComm 107

PARTIES: Health Services Union (Appellant) Unions NSW (Intervenor)

FILE NUMBER(S): IRC 447 of 2010

CORAM: Boland J President

CATCHWORDS: REGISTERED ORGANISATIONS - APPEAL from decisions of the Acting Deputy Industrial Registrar refusing to certify rule changes - Applications by State organisation to amend rules to enable persons elected in a Branch of a Federal Union to be taken as being validly elected to the corresponding office in the State organisation - Application to allow members of a Branch of a Federal Union to also become members of the State organisation and that officers of that Branch would also become officers of the State organisation - Whether State organisations of employees may lawfully enrol and represent employees living and working outside the State of New South Wales and whether rules designed to give effect to this situation may be validly certified under the Industrial Relations Act 1996 - STATUTORY INTERPRETATION - In and of New South Wales - Real and substantial connection with New South Wales - Comity - Harmonisation of State and federal laws regulating industrial organisations - Decisions of Acting Deputy Industrial Registrar quashed

Fair Work (Registered Organisations) Act 2009 (Cth) Industrial Relations Act 1991 Industrial Relations Act 1996 Industrial Relations Act 1999 (Qld) LEGISLATION CITED: Interpretation Act 1897 Interpretation Act 1987 Legal Profession Act 1987 Trade Union Act 1881 Workplace Relations Act 1996 (Cth)