Application by Emergency Medical Services Protection Association (NSW) for registration as a State Industrial organisation of employees [2013] NSWIRComm 35

Industrial Relations Commission New South Wales Medium Neutral Citation: Application by Emergency Medical Services Protection Association (NSW) for registration as a State Industrial organisation of employees [2013] NSWIRComm 35 Hearing dates: 4 - 8 March 2013; 22 March 2013 (Written Submissions 2 April 2013, 10 April 2013) Decision date: 21 May 2013 Jurisdiction: Industrial Relations Commission Before: Haylen J Decision: 1. The applicant may be registered as a State organisation under the IR Act subject to meeting the requirements identified by amending its current rules. Pursuant to the provisions of s 219(5) of the IR Act, leave is granted to the applicant organisation to amended the application and its rules in order to meet objections taken to its registration. 2. The Commission will list the matter for further directions at 9.45 am on 28 May 2013 in order to lay down an appropriate timetable for the filing of further evidence regarding the required further steps. Catchwords: INDUSTRIAL RELATIONS ACT 1996 - s 217, s 218 - CLAUSE 29A INDUSTRIAL RELATIONS (GENERAL) REGULATION - application for registration of State organisation of employees to represent industrial interests of paramedics employed by the Ambulance Service - amendments to statutory scheme introduce concepts of freedom of choice and competitive unionism - objection by existing registered organisation with coverage for paramedics - numerous technical objections taken in relation to the formation and operation of applicant organisation - consideration of approach to be taken to technical objections - consideration of nature of unincorporated associations - whether statutory regime requires applicant to be an unincorporated association or an organisation to represent industrial interests of members - applicant meets test of unincorporated association/organisation - applicant validly formed - leave granted to amend rules to meet objections - applicant consists of members of Executive and no other members - members of closely connected incorporated association not validly transferred to applicant - applicant to provide evidence of 50 or more members under amended rules - principle of ratification considered - applicant organisation provides acceptable undertaking regarding avoidance of demarcation disputes.