Clay Brick & Paver Association of New South Wales [2011] NSWIRComm 110

Industrial Relations Commission New South Wales Medium Neutral Citation: Clay Brick & Paver Association of New South Wales [2011] NSWIRComm 110 Hearing dates: 11 August 2011 Decision date: 17 August 2011 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: (1) A declaration that, between 2004 and 2010 inclusive, invalidities have occurred in the management and administration of the Clay Brick and Paver Association of New South Wales, an employer organisation registered and recognised under the provisions of the Industrial Relations Act 1996. (2) A declaration that invalidities have occurred in the election of office bearers for the Clay Brick and Paver Association of New South Wales for the years 2007, 2008, 2009 and 2010. (3) An order that the election of office bearers for the Clay Brick and Paver Association of New South Wales for the years 2007, 2008, 2009 and 2010 are validated pursuant to the provisions of s 288(3) of the Industrial Relations Act 1996. (4) A declaration that, for the years 2007, 2008, 2009 and 2010, all acts and decisions made in relation to the management and administration of the Clay Brick and Paver Association of New South Wales by persons purporting to be office bearers of the organisation during those years are to be regarded as valid and effective. (5) A declaration that the purported elections for office bearers of the Clay Brick and Paver Association of New South Wales in the years 2004, 2005 and 2006 are deemed to be validly conducted elections and the office bearers so elected to be validly elected to those positions and further, that all actions taken by those purportedly elected office bearers during this period are taken to be validated pursuant to the provisions of s 286 of the Industrial Relations Act 1996. Catchwords: Industrial Relations Act 1996 - s 288 - application to validate elections and decisions taken by office bearers - failure to comply with rules regarding elections - application and orders sought publicised in Public Notices - no opposition to application - small number of members involved in applicant organisations - all members support application - orders would not do substantial injustice to organisation, members or persons having dealings with organisation - validation orders made. Legislation Cited: Conciliation and Arbitration Act 1904 (Cth) Industrial Relations (General) Regulation 2001 Industrial Relations Act 1991 (Repealed) Industrial Relations Act 1996 Cases Cited: The Master Builders' Association of New South Wales (No 3) [2010] NSWIRComm 39 Geneff v Peterson (1986) 19 IR 40 at 76 Category: Principal judgment Parties: Clay Brick & Paver Association of New South Wales (Applicant) Representation: Ms D Bryks (Solicitor) (Applicant) Coleman Greig Lawyers (Applicant) File Number(s): IRC 746 of 2011