Re: Baking Associations of Australia NSW [2015] NSWIC 3

Industrial Court New South Wales

Medium Neutral Citation: Re: Baking Associations of Australia NSW [2015] NSWIC 3 Hearing dates: 4 February 2015 Date of orders: 04 February 2015 Decision date: 04 February 2015 Before: Kite AJ Decision: Order that the registration of the Baking Associations of Australia NSW be cancelled. Catchwords: Cancellation of registration of Industrial Union of employees - s 226(g) Industrial Relations Act 1996 Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Baking Associations of Australia NSW (Applicant) Representation: Solicitors: Baking Associations of Australia NSW File Number(s): IRC 757 of 2014

Judgment 1. Application is made by the Baking Associations of Australia NSW ("the Organisation"), a registered industrial organisation under the Industrial Relations Act 1996, for cancellation of its registration. 2. The application is supported by two witness statements of Mr Tony Smith, the Secretary of the Organisation. Mr Smith states, and I accept, that the Organisation has been inactive for many years. The Executive Council of the Organisation resolved in August 2012 to amalgamate with the national association, Baking Association of Australia. Members were notified by letter dated 1 September 2012. Mr Smith states that no member contacted him to express any objection. 3. In accordance with a direction of the Commission, notice of this application was published in the Sydney Morning Herald on 14 January 2015. There has been no appearance or communication by any other party in response to that notice. 4. Mr Smith attaches to his second statement the audited accounts of the organisation which record a small deficit. The accounts, as Mr Duc, the National Workplace Relations Manager of the Organisation, drew to my attention, indicated that that deficit was transferred to the national body. Mr Smith states that there are no outstanding debts or obligations of the organisation. 5. I am satisfied, in accordance with s 226(g) of the Industrial Relations Act 1996, that the Organisation is defunct. Accordingly, I order that the registration of the Baking Associations of Australia NSW be cancelled.