Re - Application by USU for alteration of Rules - Reference by Industrial Registrar [2008] NSWIRComm 248

Industrial Court of New South Wales

CITATION: Re - Application by USU for alteration of Rules - Reference by Industrial Registrar [2008] NSWIRComm 248

APPLICANT New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union PARTIES: OBJECTOR Michael Want

FILE NUMBER(S): IRC 2167 of 2008

CORAM: Boland J President

CATCHWORDS: REGISTERED ORGANISATIONS - Objection to rule change - Proposed alterations to rules of a Union would have the effect of abolishing an elected office under its rules in such a way as to remove a member from that office during the term of that office - Whether abolition of the offices would mean that the Industrial Registrar could not be satisfied that the alterations complied with, and were not contrary to, s 235(1)(a) and (c) and s 237(2) of the Industrial Relations Act 1996 - Objections not made out

Conciliation and Arbitration Act 1904 (Cth) LEGISLATION CITED: Industrial Relations Act 1988 (Cth) Industrial Relations Act 1996 Workplace Relations Act 1996 (Cth)

Beeson v Blayney and Others (1966) 8 FLR 292 Benson v Construction, Forestry, Mining & Energy Union (1995) 60 IR 394 Copeland and Others v Ludwig and Others (1994) 57 IR 436 Fraser v Kingham and Others (1994) 57 IR 190 Hills and Others v Higgins and Others (1982) 61 FLR 131 Mark Musgrave Hardacre v Health and Research Employees' Association of New South Wales (Industrial Relations Commission of New South Wales in Court Session, Walton J Vice-President, 21 June 1999, unreported) CASES CITED: McLeish v Kane and Others (1978) 22 ALR 547 Municipal Officers' Association of Australia v Lancaster and Another (1981) 54 FLR 129 Roughan v Australasian Meat Industry Employees' Union (1992) 36 FCR 536 Roughan v Day and Others (1991) 32 FCR 581 Saint v Australian Postal and Telecommunications Union and Others (1976) 13 ALR 649 Skourdoumbis v Findlay and Others [2002] FCA 638, (2002) 40 ALR 476 Wright and Another v McLeod and Others (1983) 51 ALR 483