New South Wales Consolidated Acts

ESSENTIAL SERVICES ACT 1988 - SECT 22

22 Appeals against cancellation of registration

(1) An industrial organisation may apply to the Full Industrial Relations Commission in Court Session for leave to appeal to the Full Industrial Relations Commission in Court Session against the cancellation of the industrial organisation’s registration under section 17.

(2) The Full Industrial Relations Commission in Court Session shall not grant leave to appeal unless it is satisfied that, within the 7-day period referred to in section 17 (4) (b):

(a) the executive of the industrial organisation has, at a meeting of its members or of those members (in this subsection called the "relevant members") whose actions have caused the disruption of the provisions of the essential service, or by means of an announcement made in a newspaper circulating throughout New South Wales or made by radio or television or by any other means that the Full Industrial Relations Commission in Court Session considers reasonable, directed the relevant members not to take part in or continue to take part in or to aid or abet the disruption of the provision of the essential service, and

(b) the executive of the industrial organisation has not, in any manner, aided, abetted or encouraged the relevant members to take part in or continue to take part in or to aid or abet the disruption of the provision of the essential service, and

(c) the executive of the industrial organisation has, by enforcement of the industrial organisation’s rules and by any other means reasonable in the circumstances, endeavoured to prevent the relevant members from taking part in or continuing to take part in or aiding or abetting the disruption of the provision of the essential service, and

(d) the members of the industrial organisation recommenced work under normal working conditions within the essential service concerned and that at all times after that period they have continued to work under normal working conditions.

(3) On an appeal made pursuant to leave granted under subsection (2), the Full Industrial Relations Commission in Court Session shall not restore the registration of the industrial organisation unless it is satisfied that it is in the public interest to do so.

(4) For the purposes only of an application for leave to appeal and the making of an appeal, an industrial organisation shall be taken not to have had its registration cancelled.