The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136

Industrial Relations Commission New South Wales Medium Neutral Citation: The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136 Hearing dates: 15 October 2012Written submissions: 15 November 2012 Decision date: 30 November 2012 Jurisdiction: Industrial Court of NSW Before: Walton J Vice-President; Staff J; Backman J Decision: 1. The registration of The Australian Commercial Dental Laboratories Association (NSW), an organisation of employers under the Industrial Relations Act 1996 is hereby cancelled. 2. That such cancellation shall take effect on and from seven days of the date of this judgment. 3. That the Industrial Registrar record the cancellation under the relevant register pursuant to s 232 of the Industrial Relations Act 1996. 4. All assets of the organisation which remain as at the date of the cancellation of its registration are to be distributed in accordance with the rules of the organisation. 5. Further, the Industrial Registrar is to publish on the Industrial Relations Commission website notification of these Orders relating to the cancellation of the said industrial organisation. 6. Further, the Industrial Registrar is to cause a copy of the judgment of the Court relating to the cancellation of the said industrial organisation to be forwarded to each Member of the Executive (defined at Rule 42 of the organisation's Rules) at the address last notified to the commission. Catchwords: REGISTERED ORGANISATION - Reference by Industrial Registrar for cancellation of registration - report by Industrial Registrar - notice of motion to cancel registration under industrial relations legislation of an industrial organisation of employers - failure to comply with organisation's rules concerning election of officers - failure to lodge accounting records, other financial statements and statutory declarations of office holders - whether organisation defunct - grounds for cancellation of registration - whether necessary to make orders concerning assets and liabilities - order made cancelling registration Legislation Cited: Industrial Relations (General) Regulation 1992 Industrial Relations (General) Regulation 2002 Industrial Relations Act 1991 Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: George Michael Grimson, Industrial Registrar (Applicant) The Australian Commercial Dental Laboratories Association (NSW) (Respondent) Representation: G M Grimson, Industrial Registrar (Applicant) No appearance (Respondent) File Number(s): IRC 856 of 2012