Australian International Flight Engineers' Association [2002] NSWIRComm 275

Australian International Flight Engineers' Association [2002] NSWIRComm 275

The applicant had established both relied-upon grounds for cancellation: it had applied for cancellation of its own registration and, having no significant continuing industrial relations function and with members' interests represented by AIPA under the Deed and Deed Poll, was to all intents and purposes defunct. The evidence also showed no disadvantage to members, employees or creditors and no pending claims, making it appropriate to grant the application.

Jurisdiction
Australia
Judgment Date
18 October 2002
Procedural Posture
Application Under Section 225(3) of the Industrial Relations Act 1996 to Cancel Registration as an Industrial Organisation / Judgment of the Full Bench of the Industrial Relations Commission of New South Wales in Court Session
Outcome
Application granted; registration cancelled.
Legal Topics
['registered Organisation' 'cancellation of Registration' 'defunct Organisation']
['industrial Relations'] ['registered Organisation' 'cancellation of Registration' 'defunct Organisation']

Case Brief

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Procedural Posture

Application Under Section 225(3) of the Industrial Relations Act 1996 to Cancel Registration as an Industrial Organisation / Judgment of the Full Bench of the Industrial Relations Commission of New South Wales in Court Session

Legal Issues

  1. 1 ['Whether the applicant had applied for cancellation of its own registration within s 226(f) of the Industrial Relations Act 1996.' 'Whether the applicant was defunct within s 226(g) of the Industrial Relations Act 1996.' "Whether it was appropriate to exercise the Commission's power under s 227(1) of the Industrial Relations Act 1996 to cancel the applicant's registration."]

Ratio Decidendi

The applicant had established both relied-upon grounds for cancellation: it had applied for cancellation of its own registration and, having no significant continuing industrial relations function and with members' interests represented by AIPA under the Deed and Deed Poll, was to all intents and purposes defunct. The evidence also showed no disadvantage to members, employees or creditors and no pending claims, making it appropriate to grant the application.

Court Disposition

Application granted; registration cancelled.

Orders

  • ["The registration under the Industrial Relations Act 1996 of the Australian International Flight Engineers' Association is hereby cancelled." "The order cancelling the registration of the Australian International Flight Engineers' Association shall take effect on and from today's date."]