The Australian Workers' Union, New South Wales. Application for alteration of Rules pursuant to s 245 of the Industrial Relations Act 1996 [2011] NSWIRComm 12

Industrial Relations Commission New South Wales Medium Neutral Citation: The Australian Workers' Union, New South Wales. Application for alteration of Rules pursuant to s 245 of the Industrial Relations Act 1996 [2011] NSWIRComm 12 Hearing dates: 27 April 2010; 23 July 2010; 3 December 2010; 28 February 2011 Decision date: 02 March 2011 Jurisdiction: Industrial Relations Commission Before: Haylen J Decision: The rules of the Australian Workers' Union, New South Wales are varied by inserting a new Pt G into Rule 6 Constitution of the Rules of the union in the following terms: Notwithstanding anything else in this rule and without being limited by any other provision of this rule, the union shall consist of an unlimited number of employees wholly employed in the making of all kinds of gramophone records and/or any such like article as is used on all kinds of talking or musical machines, except artists, singers, performers, musicians, associated technical crew and any employee eligible to be a member of the Media Entertainment and Arts Alliance, New South Wales. Catchwords: INDUSTRIAL RELATIONS ACT 1996 - s 245 - recorded media industry - application to alter constitution and eligibility rule - arrangement with applicant union to service members of defunct registered union - rule alteration sought to include coverage previously exercised by defunct union - objection raises "conveniently belong" ground - consideration of scope of available objection under "conveniently belong" ground - applicant seeking industry coverage - objection covers only one trade classification - no history of disputation between union now defunct and objectors - employees pay subscriptions to applicant union - employees vote to support applicant union - objection not established - amended application granted Legislation Cited: Industrial Arbitration Act 1940 s 8(3) Industrial Relations Act 1996 s 245(3) Cases Cited: Public Service Association of NSW and Health and Research Employees' Association v Broken Hill Town Employees' Union (2003) 125 IR 54 Re Building Constructions and Builders Labourers Federation of New South Wales (1979) AR 817 Category: Principal judgment Parties: Organisations: The Australian Workers' Union (Applicant) The National Union of Workers, New South Wales Branch ("NUW") Media, Entertainment and Arts Alliances, New South Wales ("MEAA") Automotive Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales ("AMWU") Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - New South Wales Branch Representation: Appearances Mr Graeme Beard (Applicant) Mr S Mueller (NUW) (Objector) Ms D Hannan (MEAA) (Objector) Mr A Walkenden (AMWU) (Objector) File Number(s): R 594 of 2009