Re Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales [2015] NSWIRComm 13

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2015] NSWIRComm 13 Hearing dates: 3 March 2015 Date of orders: 01 April 2015 Decision date: 01 April 2015 Jurisdiction: Industrial Relations Commission Before: Kite AJ Decision: The Commission makes the following orders:

(1) Consent is given to the Rules of the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales being varied as follows:

(i) In Rule 49 the words "Two Assistant General Secretaries" be replaced with the words "the Assistant General Secretary";

(ii) the words "Assistant General Secretaries" be replaced with the words "Assistant General Secretary" in Rules 40(g), 50(l), 55, 102(b) and 104;

(iii) the words "an Assistant General Secretary" be replaced with the words "the Assistant General Secretary" in Rules 104(b), 112 and 128(a).

(2) The variations shall take effect from 1 April 2015. Catchwords: REGISTERED ORGANISATIONS – Rules – alteration of rules – objections to alteration of rules – statutory requirements under the Industrial Relations Act 1996 – whether abolition of one of two offices is contrary to the Industrial Relations Act 1996, or otherwise contrary to law – whether alteration is contrary to the rules of the industrial organisation – residual discretion – objections not made out – consent granted to alter rules of an industrial organisation. Legislation Cited: Industrial Relations Act 1988 (Cth) Industrial Relations Act 1996 Industrial Relations (General) Regulation 2001 Industrial Relations Regulation 1992 Cases Cited: Benson v Construction, Forestry, Mining & Energy Union (1995) 60 IR 394 Municipal Officers' Association v Lancaster [1981] FCA 151; (1981) 54 FLR 129 Murphyores Incorporated Pty Ltd v Commonwealth [1976] HCA 20; (1976) 136 CLR 1 O'Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210 R v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd [1979] HCA 62; (1979) 144 CLR 45 Re Application by USU for alteration of Rules [2008] NSWIRComm 248 Re Australian Chamber of Manufactures, New South Wales Branch (1993) 50 IR 87 Re Australian Hotels Association (NSW) [2013] NSWIRComm 54 Re Coldham; Ex parte Brideson [1989] HCA 2; (1989) 166 CLR 338 Roughan v Australasian Meat Industries Employees Union [1992] FCA 327; (1992) 36 FCR 536 Saint v Australian Postal and Telecommunications Union (1976) 30 FLR 385 Water Conservation and Irrigation Commission (NSW) v Browning [1947] HCA 21; (1947) 74 CLR 492 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) G J Delprado (Objector) Representation: Counsel: M Gibian (Applicant)