Employers First, Australian Business Industrial and Australian Industry Group - applications to be approved as State Peak Councils pursuant to s 216, Re [2002] NSWIRComm 363

Employers First, Australian Business Industrial and Australian Industry Group - applications to be approved as State Peak Councils pursuant to s 216, Re [2002] NSWIRComm 363

Having considered the evidence, submissions, the agreement between the applicants, and the withdrawal of objections, the Full Bench was satisfied that each applicant met the statutory requirements of s 216(2) of the Industrial Relations Act 1996 and should be approved as a State Peak Council for employers.

Jurisdiction
Australia
Judgment Date
16 December 2002
Procedural Posture
Applications by Employer Organisations for Approval as State Peak Councils for Employers Pursuant to S 216(2) of the Industrial Relations Act 1996 / Full Bench Decision; Agreement Reached and Objections Withdrawn
Outcome
Applications granted.
Legal Topics
['state Peak Councils for Employers' 'approval Under S 216 of the Industrial Relations Act 1996' 'employer Organisations' 'objections to Applications']
['industrial Relations' 'statutory Construction' 'registered Organisations'] ['state Peak Councils for Employers' 'approval Under S 216 of the Industrial Relations Act 1996' 'employer Organisations' 'objections to Applications']

Case Brief

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Procedural Posture

Applications by Employer Organisations for Approval as State Peak Councils for Employers Pursuant to S 216(2) of the Industrial Relations Act 1996 / Full Bench Decision; Agreement Reached and Objections Withdrawn

Legal Issues

  1. 1 ['Whether each applicant satisfied the requirements for approval as a State Peak Council for employers under s 216(2) of the Industrial Relations Act 1996.' 'The proper construction of s 216 of the Industrial Relations Act 1996, including what constitutes being representative of a significant number of member associations or organisations of employers whose members operate primarily in New South Wales.' 'Whether objections could appropriately be filed and dealt with in the absence of regulations under s 216(4).']

Ratio Decidendi

Having considered the evidence, submissions, the agreement between the applicants, and the withdrawal of objections, the Full Bench was satisfied that each applicant met the statutory requirements of s 216(2) of the Industrial Relations Act 1996 and should be approved as a State Peak Council for employers.

Court Disposition

Applications granted.

Orders

  • ['Employers First be approved as a State Peak Council for employers pursuant to s 216 of the Industrial Relations Act 1996.' 'Australian Business Industrial be approved as a State Peak Council for employers pursuant to s 216 of the Industrial Relations Act 1996.' 'Australian Industry Group, New South Wales Branch be...