New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 290A

290A Amalgamations

(1) In this section--

"amalgamation" means the amalgamation of any State organisations under this Part or the amalgamation of any organisations (including recognised organisations) under Chapter 5 of the Industrial Relations Act 1991 , including--

(a) the registration of the amalgamated organisation under this Chapter or under Chapter 5 of that Act, and

(b) the cancellation of the registration under this Chapter, or under Chapter 5 of that Act, of the organisations that are amalgamated.

"relevant date" means--

(a) in the case of the amalgamation of any State organisations under this Part--the date that is 6 months after the registration under this Chapter of the amalgamated organisation, or

(b) in the case of the amalgamation of organisations (including recognised organisations) under Chapter 5 of the Industrial Relations Act 1991 --the date on which this section commences.

(2) On the relevant date--

(a) an amalgamation (or purported amalgamation), and

(b) anything done (or purporting to have been done) for the purposes of, or in connection with, an amalgamation or on which the validity of an amalgamation depends,

are, to the extent of any invalidity, validated and are taken always to have been valid.

(3) If--

(a) any State organisations are amalgamated under this Act after the commencement of this Act, and

(b) proceedings are taken under this Act before the date that is 6 months after the registration under this Chapter of the amalgamated organisation to challenge that amalgamation,

the operation of this section is subject to the determination of the Supreme Court in those proceedings.

(4) This section applies to any proceedings under this or any other Act or law of any court or tribunal, whether taken before or after the commencement of this section or whether pending on that commencement, and has effect despite any determination in those proceedings.

(5) Anything validated by this section may not be reviewed, quashed or called into question by any court or tribunal (including by way of order in the nature of prohibition, certiorari or mandamus, or by injunction or declaration or otherwise).