Re Australian Business Industrial [2012] NSWIRComm 142

Re Australian Business Industrial [2012] NSWIRComm 142

Australian Business Industrial had itself applied for cancellation of its registration, its members were now effectively represented by NSW Business Chamber Limited and Federal ABI, no prejudice or outstanding compliance issue was shown, and therefore its registration was no longer necessary or convenient and the statutory ground for cancellation was made out; because registration was cancelled, its State Peak Council approval should also be revoked.

Jurisdiction
Australia
Judgment Date
26 November 2012
Procedural Posture
Application by Australian Business Industrial to Cancel Its Registration as an Organisation of Employers / Principal Judgment
Outcome
Application granted; registration cancelled and State Peak Council approval revoked.
Legal Topics
['registered Organisations' 'cancellation of Registration' 'organisation of Employers' 'state Peak Council Approval']
['industrial Relations'] ['registered Organisations' 'cancellation of Registration' 'organisation of Employers' 'state Peak Council Approval']

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Procedural Posture

Application by Australian Business Industrial to Cancel Its Registration as an Organisation of Employers / Principal Judgment

Legal Issues

  1. 1 ["Whether Australian Business Industrial's registration as an organisation of employers should be cancelled under s 225(3) and s 226(f) of the Industrial Relations Act 1996." "Whether Australian Business Industrial's approval as a State Peak Council should be revoked under s 216(3) of the Industrial Relations Act 1996."]

Ratio Decidendi

Australian Business Industrial had itself applied for cancellation of its registration, its members were now effectively represented by NSW Business Chamber Limited and Federal ABI, no prejudice or outstanding compliance issue was shown, and therefore its registration was no longer necessary or convenient and the statutory ground for cancellation was made out; because registration was cancelled, its State Peak Council approval should also be revoked.

Court Disposition

Application granted; registration cancelled and State Peak Council approval revoked.

Orders

  • ['The registration of Australian Business Industrial is cancelled pursuant to the provisions of s 227(1) of the Industrial Relations Act 1996;' 'The cancellation of the registration of Australian Business Industrial shall take effect seven days after 26 November 2012. Pursuant to the provisions of s 232 of the...