Local Government Association of New South Wales v The Electoral Commissioner for New South Wales and Returning Officer for the 2006 Local Government Association Election [2006] NSWIRComm 237

Industrial Court of New South Wales

CITATION: Local Government Association of New South Wales v The Electoral Commissioner for New South Wales and Returning Officer for the 2006 Local Government Association Election [2006] NSWIRComm 237

APPLICANT: Local Government Association of New South Wales

PARTIES: RESPONDENT: Electoral Commissioner of New South Wales and Returning Officer for the 2006 Local Government Association Election

FILE NUMBER(S): IRC 2709 of 2006

CORAM: Haylen J

CATCHWORDS: Industrial Relations Act 1996 - s 154 - application for declaration - meaning of Rules of registered Association of employers - whether President precluded from re-nominating for office of President - rule providing for rotation of Presidency between metropolitan and country members - whether rule ambiguous - rule considered in its context and language did not preclude incumbent President from re-nominating for that position - rule separately considered having regard to extrinsic material and history of its operation - clear intention of rule making body that incumbent President may re-nominate for that office - declaration made accordingly

LEGISLATION CITED: Interpretation Act 1987

Amalgamated Society of Engineers v Smith (1912-13) 16 CLR 537 at 559 Austereo Pty Ltd v Trade Practices Commission (1993) 115 ALR 14 at 48 Australian Electoral Commission v Hickson [1997] 1182 FCA 10 Dallikavik v Minister for Immigration and Ethnic Affairs (1985) 61 ALR 471 at 475-476 K & S Lakes City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309 Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404 at 423 Lake Macquarie Shire Council v Aberdare County Council (1970) 120 CLR 327 Mark Musgrave Hardacre v Health and Research Employees Association of NSW [1999] NSWIRComm 287 PKIU v Davies Bros Ltd (1986) 18 IR 449 CASES CITED: Pearce and ors v Vickers and ors (1994) 1 IRCR 39 at 43-44 Pickard v John Heine & Sons Ltd (1924) 35 CLR 1 at 9 Public Transport Commission of NSW v Murray More (NSW) Pty Ltd (1975) 6 ALR 271 at 282 R v Aird; ex parte AWU (1973) 129 CLR 654 at 659 per Barwick CJ Re Carter; re Federated Clerks Union of Australia, Victorian Branch (No 1) (1989) 32 IR 1 at 27 R v Cohen & Paine; ex parte Motor Accidents Insurance Board (1979) 27 ALR 263 at 270 per Mason J R v Young (1999) 46 NSWLR 681at 687 Roughan v Day and others (1991) 32 FCR 581 Short v W F Hercus Pty Ltd (1993) 40 FCR 511 Thompson v Goold [1910] AC 409 at 420