Australian Hotels Association (NSW) [2013] NSWIRComm 54

Australian Hotels Association (NSW) [2013] NSWIRComm 54

The application for alteration of the Rules satisfies the conditions of s 245(2) of the Industrial Relations Act 1996. The proposed changes comply with the Act, are not contrary to law, and were made in accordance with the organisation's rules, including proper notice and Special Resolution. There is either no residual discretion to refuse consent, or if one exists, there are no grounds to exercise it adversely to the applicant.

Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Application to Vary Registered Organisation Rules / Determination on Reference by Industrial Registrar
Outcome
Consent to rule alterations granted
Legal Topics
['registered Organisations' 'alteration of Rules' 'eligibility for Membership' 'statutory Requirements for Rule Changes']
['industrial Law'] ['registered Organisations' 'alteration of Rules' 'eligibility for Membership' 'statutory Requirements for Rule Changes']

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Procedural Posture

Application to Vary Registered Organisation Rules / Determination on Reference by Industrial Registrar

Legal Issues

  1. 1 ['Whether proposed alterations to the Rules of the Australian Hotels Association (NSW) comply with statutory requirements under s 245 of the Industrial Relations Act 1996' "Whether the changes were validly made in accordance with the organisation's own rules" 'Whether the Commission retains a residual discretion to refuse consent to the rule alteration']

Ratio Decidendi

The application for alteration of the Rules satisfies the conditions of s 245(2) of the Industrial Relations Act 1996. The proposed changes comply with the Act, are not contrary to law, and were made in accordance with the organisation's rules, including proper notice and Special Resolution. There is either no residual discretion to refuse consent, or if one exists, there are no grounds to exercise it adversely to the applicant.

Court Disposition

Consent to rule alterations granted

Orders

  • ['Consent is given to the Rules of the Australian Hotels Association (NSW) (ER 38) being varied in accordance with the variations specified in the marked up copy of the Rules annexed to the Ryan Affidavit.' "That the Rules of the organisation as so altered be in accordance with the terms as set forth in Annexure 'C'...