Application by Transport Workers' Union of New South Wales for a determination of the question of an invalidity under s 288 of the Industrial Relations Act 1996 [2008] NSWIRComm 35

Industrial Relations Commission of New South Wales

CITATION: Application by Transport Workers' Union of New South Wales for a determination of the question of an invalidity under s 288 of the Industrial Relations Act 1996 [2008] NSWIRComm 35

PARTIES: APPLICANT: Transport Workers' Union of New South Wales

FILE NUMBER(S): IRC 2207 of 2007

CORAM: Boland J

CATCHWORDS: Registered organisations - Organisation of employees - Transport industry - whether invalidity had occurred in elections in the applicant organisation and the management and administration of the organisation - Conflicting rules - application of generalia specialibus non derogant principle of construction - Whether non-compliance with rule by itself rendered the election of officers invalid - Held election of officers not attended by any invalidity.

LEGISLATION CITED: Industrial Relations Act 1996 ss 151A, 153(1)(e), 288, 288(3), 288(4)

Hardacre v Health and Research Employees' Association of NSW (No 3) (1999) 91 IR 302 Perpetual Executors and Trustees Association of Australia Limited v Federal Commission of Taxation (1948) 77 CLR 1 CASES CITED: Project Blue Sky Inc and Others v Australian Broadcasting Authority (1998) 194 CLR 355 Purcell v Electricity Commission of New South Wales (1985) 60 ALR 652 Seamen's Union of Australia New South Wales Branch, Re (2001) 107 IR 90

HEARING DATES: 14 February 2008

DATE OF JUDGMENT: 21 February 2008

APPLICANT: LEGAL REPRESENTATIVES: Mr A A Hatcher of Counsel Mr M Aird Transport Workers' Union Legal Department