Re Crushed Stone and Sand Association of NSW [2008] NSWIRComm 43

Industrial Court of New South Wales

CITATION: Re Crushed Stone and Sand Association of NSW [2008] NSWIRComm 43

APPLICANT George Michael Grimson, Industrial Registrar PARTIES: RESPONDENT Crushed Stone and Sand Association of NSW

FILE NUMBER(S): IRC 2062 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

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

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

APPLICANT Mr G M Grimson LEGAL REPRESENTATIVES: Industrial Registrar

RESPONDENT No appearance

JUDGMENT:

- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES

FULL BENCH

CORAM: BOLAND J STAFF J BACKMAN J

5 March 2008

Matter No IRC 2062 of 2007

CRUSHED STONE AND SAND ASSOCIATION OF NSW

Reference by the Industrial Registrar to the Industrial Court of NSW under the Industrial Relations Act 1996 of a failure by the Crushed Stone and Sand Association of NSW to comply with statutory requirements and the rules of the organisation

JUDGMENT OF THE COURT EX TEMPORE [2008] NSWIRComm 43

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 Crushed Stone and Sand Association of NSW, an industrial organisation of employers. 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. In his report, the Industrial Registrar attached an unsigned statutory declaration concerning the dissolution of the organisation, which was dated 7 July 2004. Attached to the draft statutory declaration was: (i) a copy of the minutes of a special general meeting of the organisation held on 13 February 2003, including a motion concerning the proposed dissolution; (ii) copies of letters of resignation from the office bearers and council members of the organisation; (iii) a copy of incomplete financial statements for the year ended 30 June 2003 for the organisation; (iv) an unsigned draft letter of resignation from the Secretary of the organisation. 3 We are satisfied that the organisation has been given the requisite notice of the application so made by publication on the New South Wales Industrial Relations Commission Website in accordance with the requirements as to service set out by r 110 of the Industrial Relations Commission Rules 1996. In addition, the Industrial Registrar caused a link to that announcement to be forwarded to each of the peak councils in New South Wales. Copies of these announcements were provided to the Court. We note that no organisation has entered an appearance in respect to the application presently before us. 4 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. 5 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 6 In the circumstances we make the following orders: 1. The registration of the Crushed Stone and Sand Association of NSW, an organisation of employers 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.