Australian Paramedics Association (NSW) and Health Services Union [2016] NSWIRComm 1041

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Paramedics Association (NSW) and Health Services Union [2016] NSWIRComm 1041 Hearing dates: 31 May 2016, 1 June 2016 Date of orders: 17 March 2017 Decision date: 17 March 2017 Jurisdiction: Industrial Relations Commission Before: Tabbaa AM, Actg Chief Commissioner Decision: 1. A registered union to which the PTOs might conveniently belong already exists; 2. The Applicant has not met the onus of establishing that the objecting union would be unable to assume the role of adequately representing the PTOs; 3. The Application for variation of the APA's registration is dismissed. Catchwords: Application by APA seeking consent to rules change pursuant to Section 245 of the Industrial Relations Act 1996-Objection to Rules Alteration by HSU pursuant to s 245 (2)-"conveniently belong" test-principles Legislation Cited: Industrial Relations Act 1996 Industrial Relations Amendment (Industrial Representation) Act 2012 Health Services Act 1997 Industrial Arbitration Act 1940 Cases Cited: AMP Society Staff Association case and the Application by CPSU, the Community and Public Sector Union PR955207, AIRC 24 January 2005; Re Australian Salaried Medical Officers Federation (1989) 28 IR 431; Association of Professional Sciences of Australia (1961) CAR 920); Australian Education Union v Australian Principals Federation (2006) 158 IR 360; Australian Education Union v Lawler (2008) 169 FCR 327; [2008] FCAFC 135; Australian Mutual Provident Society Staff Association v Australian Insurance Staffs Federation (1944) 53 CAR 836; Public Service Association of NSW v Broken Hill Town Employees' Union [2003] NSWIRComm 100; (2003) 125 IR 54; Re Application by Emergency Medical Services Protection Association (NSW) [2013] NSWIRComm 35; (2013) 233 IR 400; Re Australian Workers' Union, (NSW); Application for alteration of Rules (2011) 206 IR 150; [2011] NSWIRComm 12; Re Chamber of South Australian Employers (No 2) (1991) 43 IR 424; Re Federal Firefighters Union (1990) 35 IR 27; Re Chamber of South Australian Employers Inc (No 2) (1991) 43 IR 424; Re The Australian Chamber of Manufactures, New South Wales Branch 50 IR 87; The Australian Workers' Union, New South Wales Branch; Application for alteration of Rules pursuant to s 245 of the Industrial Relations Act 1996 [2001] NSWIRComm 12 Category: Principal judgment Parties: Australian Paramedics Association (NSW) (Applicant) Health Services Union NSW (Respondent) Representation: Mr I Latham, Counsel (Applicant) Mr M Gibian, Counsel (Respondent)