Appeal by Australian Road Transport Industrial Organization [2013] FWCFB 8691 (13 November 2013)

(#P108_13656) PR934448 at [71], [84]

(#P109_13765) [2008] AIRC 592 at [69]

(#P110_13850) [2008] AIRC 444

(#P111_14290) Ibid at [11]-[22]

(#P112_14451) Ibid at [22]

(#P117_16795) Moore DP (as he then was) made some obiter comments in Voluntary Care Association of New South Wales and Australian Capital Territory Print J1979 (28 March 1990) in which he "entertain[ed] some doubts" as to whether a body incorporated under state legislation was registrable, but that decision has not subsequently served to impede the registration of incorporated bodies. In R v Cawthorne; Ex parte Federated Clerks Union of Australia (1979) 22 SASR 433 dual incorporation of an association under State law was recognised as permissible. This decision was cited with approval by MacBean DP in Australian Social Welfare Union v Australian Workers' Union Print K2519 (1 May 1992).

(#P118_18359) Master Grocers' Association of Victoria Limited PR923977 (23 October 2002) and PR927823 (19 February 2003).

(#P119_19072) Australian Security Industry Association Ltd [2010] FWA 3121. Similarly see Australian Gift and Homewares Association Limited PR974461 (25 October 2006) at [5].

(#P146_23306) [2009] AIRC 68 at [11]

(#P157_25484) (1999) 95 IR 262; this decision was ultimately quashed on appeal (see Australian Education Union v Victorian Principals Federation (19 July 2000) S8092 and Australian Education Union v Victorian Principals Federation (2001) 113 IR 365) but the correctness of the quoted passage was not in issue.

(#P160_26813) The same approach was taken by Lander J in Australian Education Union v Lawler [2008] FCAFC 135; (2008) 169 FCR 327 at [86]

(#P171_27933) The same conclusion was stated by Richards SDP in Australian Community Services Employers Association, Queensland Union of Employees at [25]-[26].

(#P174_28646) Australian Education Union v Lawler [2008] FCAFC 135; (2008) 169 FCR 327 at [207] per Jessup J.

(#P191_31213) At [22].

(#P196_33247) NatRoad written appeal submissions, paragraph 58.

(#P201_33934) At [13]

(#P206_35356) This issue was discussed by Richards SDP in Australian Community Services Employers Association, Queensland Union of Employees at [63]-[68]

(#P211_36791) Society of Australian Surgeons at [109]; Voluntary Care Association of New South Wales and Australian Capital Territory; Building Workers Industrial Union of Australia v Amalgamated Engineering Union (Australian Section) (1952) 74 CAR 53 at 61 per Foster J.

Printed by authority of the Commonwealth Government Printer