Industrial Relations Act 1996

One or more of the following may apply to the Industrial Court for a determination of the question of whether an invalidity has occurred in a proposed withdrawal from the CFMEU NSW or completed withdrawal from the CFMEU NSW—

a CFMEU NSW body,

a new State organisation,

a member of, or another person having a sufficient interest in relation to, a body referred to in paragraph (a) or (b).

On an application, the Industrial Court may make a determination as it considers appropriate.

If the Court finds that an invalidity has occurred, the Court may make orders, as it considers appropriate—

to rectify the invalidity or cause the invalidity to be rectified, or

to negative, modify or cause to be modified the consequences in law of the invalidity, or

to validate an act, matter or thing made invalid by or because of the invalidity.

If the Court has made an order, the Court may also give ancillary or consequential directions as it considers appropriate.

The Court must not make an order if, in the Court’s opinion, the order would do substantial injustice to one or more of the following—

a CFMEU NSW body,

a member or creditor of a CFMEU NSW body,

a new State organisation,

a member or creditor of a new State organisation,

another person having dealings with a CFMEU NSW body or new State organisation.

This clause applies to an invalidity whenever occurring, including an invalidity occurring before the commencement of this clause.