Health Services Union NSW [2014] NSWIRComm 10

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW [2014] NSWIRComm 10 Hearing dates: 9 December 2013 Decision date: 21 March 2014 Jurisdiction: Industrial Court of NSW Before: Walton J, President Decision: The Court makes the following declaration: That invalidities occurred in the management or administration of the Health Services Union NSW ('HSU NSW') for the financial years 1 October 2010 to 30 September 2011 and 1 October 2011 to 30 September 2012. The Court makes the following orders pursuant to s 288(3) of the Industrial Relations Act 1996: That upon the basis of such invalidities, the Court, being satisfied that the following orders do not do substantial injustice to HSU NSW or to any member or creditor of HSU NSW or to any person having dealings with HSU NSW, orders: (a) that by preparing, lodging and making available to members unaudited accounts for the period 1 October 2010 to 30 September 2011, HSU NSW is taken to have complied with s 282 of the Industrial Relations Act 1996 and ss 508, 510, 517 and 518 of the Industrial Relations Act 1991 in respect of the financial year 1 October 2010 to 30 September 2011; and (b) by preparing, lodging and making available to members balance sheets for the period 1 October 2011 to 30 June 2012 and audited accounts for the period 1 July 2012 to 30 September 2012, HSU NSW is taken to have complied with s 282 of the Industrial Relations Act 1996 and ss 508, 510, 517 and 518 of the Industrial Relations Act 1991 in respect of the financial year 1 October 2011 to 30 September 2012. The Court makes the following directions pursuant to s 288(4) of the Industrial Relations Act 1996: HSU NSW shall lodge with the Industrial Registrar and make available to its members on its website copies of the following documents: (a) the unsigned audited report prepared by BDO (NSW-Vic) Pty Ltd for the year ending 30 September 2011 which is annexure AL-2 to the affidavit of Andrew Lillicrap sworn 11 July 2013; (b) the Balance Sheet and Profit & Loss Statement prepared by VJ Ryan & Co Pty Ltd for 30 June 2012 which are annexure AL-5 to the affidavit of Andrew Lillicrap sworn 11 July 2013; and (c) the audited financial statements prepared by Nexia Court & Co for the period from 1 July 2012 to 30 September 2012 which is annexure AL-8 to the affidavit of Andrew Lillicrap sworn 11 July 2013. Catchwords: UNION RULES - irregularities - invalidities in management oradministration of HSU NSW between October 2010 and September 2012 - application to declare invalidities - application for rectification orders - principles - invalidities in accounts and financial record keeping - discretion to rectify irregularities exercised - declaration, orders and directions made Legislation Cited: Industrial Relations Act 1991 Industrial Relations Act 1996 Cases Cited: Brown & Ors v Health Services Union & Ors [2012] FCA 644; (2012) 205 FCR 548 Liquor, Hospitality and Miscellaneous Union, New South Wales Branch [2006] NSWIRComm 244 Master Builders' Association of New South Wales (No 3) [2010] NSWIRComm 39; (2010) 196 IR 70 Newcastle Master Builders' Association [2007] NSWIRComm 57 Seamens' Union of Australia New South Wales Branch [2001] NSWIRComm 151; (2001) 107 IR 90 The Australian Workers' Union, New South Wales [2008] NSWIRComm 160 Category: Principal judgment Parties: Health Services Union NSW (Applicant) Representation: M Gibian of counsel (Applicant) Maurice Blackburn Lawyers (Applicant) File Number(s): IRC 609 of 2013