Application by Emergency Medical Services Protection Association (NSW) for registration as a State Industrial organisation of employees (No 2) [2013] NSWIRComm 47

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 (No 2) [2013] NSWIRComm 47 Hearing dates: 6 June 2013 Decision date: 12 June 2013 Jurisdiction: Industrial Relations Commission Before: Haylen J Decision: The applicant organisation will now be registered as a State organisation of employees Catchwords: INDUSTRIAL ARBITRATION ACT 1996 - s 217, s 218, s 219, s 221 - application for registration of State organisation of employees to represent industrial interests of paramedics employed by the Ambulance Service of NSW - technical and drafting matters attended to by applicant - registration granted. Legislation Cited: Industrial Arbitration Act 1996 Industrial Relations Act 1996 Category: Principal judgment Parties: Emergency Medical Services Protection Association (NSW) (Applicant) Representation: I Latham of counsel (Applicant) S Kerrigan (Applicant) File Number(s): IRC 163 of 2012

Judgment 1On 21 May 2013 the Commission issued a decision announcing that the applicant organisation could be registered under the provisions of the Industrial Relations Act 1996 ("the IR Act"). In that decision the Commission gave the applicant organisation leave to amend its application and rules in order to meet objections taken to its registration. The applicant organisation was required to consider alterations to its rules and a small number of other technical matters and further, the applicant was to provide evidence as to its membership having regard to the provisions of s 218(1)(d). The steps taken by the applicant organisation to satisfy the Commission's requirements were to be supported by affidavit. 2On 28 May 2013 an affidavit sworn by Mr Flint, Secretary/Treasurer of the applicant organisation, was filed together with minutes of meetings of the organisation, transitional rules and draft rules representing the final version of the rules to be registered. Also annexed to the affidavit were copies of approved applications for memberships of approximately 140 paramedics employed by the Ambulance Services of New South Wales. 3On 6 June 2013 the application was listed for further hearing. Counsel for the applicant organisation formally read Mr Flint's affidavit and drew the Commission's attention to the documentation that accompanied the affidavit. The Commission was also advised of the steps being taken by the applicant organisation to sign as members those who had been members of the incorporated association but who had not yet joined the applicant organisation. 4The Commission drew attention to a small number of technical and drafting issues that required further attention. Counsel for the applicant organisation undertook to address those matters and to file a further affidavit indicating the steps taken in that regard. 5On 11 June 2013, Mr Flint filed a further affidavit attaching minutes of meetings and indicating the steps taken by the organisation to address the further issues raised by the Commission at the previous hearing. The transition rules and final rules (as amended) for the purposes of registration, together with applications for membership were attached to this affidavit. Upon consideration of those documents, the Commission is satisfied that the applicant organisation has met the registration requirements of the IR Act and in particular, the requirements of s 217 and s 218 of the Act. 6The Commission, having been satisfied that the applicant organisation has met all the statutory requirements for registration, now determines that the applicant organisation be registered as a State organisation of employees under the IR Act. Pursuant to the provisions of s 221 of the IR Act, the file, together with the amended application and the final version of the rules for registration will, forthwith, be referred to the Registrar for recording the registration of the applicant organisation as required by s 221. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 12 June 2013