New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 336

336 Objections to registration of drivers' and carriers' associations

(1) Any person may, by notice in writing served on the Industrial Registrar within the period prescribed by the regulations, object to the granting of an application under section 335 on the ground--

(a) that the applicant does not genuinely represent the interests under this Act of the bailees or carriers that it claims to represent, or

(b) that the interests under this Act of bailees or carriers whom the applicant claims to represent are already represented by an association of contract drivers or an association of contract carriers or that there is such an association to which the members of the applicant might conveniently belong.

(2) The Industrial Registrar is to fix a time and place for the hearing by the Industrial Registrar of objections under this section and is to notify the applicant and all objectors of that time and place.

(3) At the hearing of the objection, the objectors and the applicant are entitled to be heard and, after considering the evidence given and the submissions made at the hearing, the Industrial Registrar must, if the Industrial Registrar sustains the objection, refuse the application to which the objection relates.

(4) The Industrial Registrar must notify in writing all objectors to the granting of the application, and the applicant, of the Industrial Registrar's decision on the objections and of the reasons for that decision.