Re Housing Industry (Industrial Relations) Association [2012] NSWIRComm 27

Re Housing Industry (Industrial Relations) Association [2012] NSWIRComm 27

The registration should be cancelled because the applicant had validly resolved to seek cancellation, had no employees, had met its financial reporting obligations, had no claims, demands, suits, debts or liabilities against it, had received no objections, and no longer had a role or need to participate in the New South Wales industrial relations system, so the grounds under s 226(f) and s 226(g) were made out.

Jurisdiction
Australia
Judgment Date
13 April 2012
Procedural Posture
Application Under S 225 of the Industrial Relations Act 1996 to Cancel Registration as an Industrial Organisation / Principal Judgment
Outcome
Application granted; registration cancelled.
Legal Topics
['cancellation of Registration' 'deregistration' 'defunct Organisation' 'industrial Organisation Financial Reporting Obligations']
['industrial Relations' 'registered Organisations'] ['cancellation of Registration' 'deregistration' 'defunct Organisation' 'industrial Organisation Financial Reporting Obligations']

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Procedural Posture

Application Under S 225 of the Industrial Relations Act 1996 to Cancel Registration as an Industrial Organisation / Principal Judgment

Legal Issues

  1. 1 ["Whether the applicant's registration as an industrial organisation should be cancelled because it applied for its own deregistration pursuant to s 226(f) of the Industrial Relations Act 1996." "Whether the applicant's registration as an industrial organisation should be cancelled because the organisation is defunct pursuant to s 226(g) of the Industrial Relations Act 1996."]

Ratio Decidendi

The registration should be cancelled because the applicant had validly resolved to seek cancellation, had no employees, had met its financial reporting obligations, had no claims, demands, suits, debts or liabilities against it, had received no objections, and no longer had a role or need to participate in the New South Wales industrial relations system, so the grounds under s 226(f) and s 226(g) were made out.

Court Disposition

Application granted; registration cancelled.

Orders

  • ['The registration of the Housing Industry (Industrial Relations) Association is cancelled pursuant to the provisions of s 227(1) of the Industrial Relations Act 1996;' 'The cancellation of the registration of the Housing Industry (Industrial Relations) Association shall take effect seven days after 11 April 2012....