Agribusiness Employers’ Federation Summary

[2014] FWC 461

The attached document replaces the document previously issued with the above code on 20 January 2014

The date of the gazettal of the notice of the application in Paragraph [3] was incorrectly dated 8 November 2014. This has now been amended to the correct date, 8 November 2013.

Catherine Quayle

Associate to Vice President Watson.

Dated 28 January 2014.

[2014] FWC 461

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.30(1)(a) RO Act—Application by organisation for cancellation of registration

Agribusiness Employers’ Federation
(D2013/129)

VICE PRESIDENT WATSON

SYDNEY, 20 JANUARY 2014

Cancellation of registration on application by organisation made under the regulations –s.30(1)(a) RO Act.

[1] On 6 November 2013, Agribusiness Employers’ Federation (AEF) lodged with the Fair Work Commission (the Commission) an application under s.30(1)(a) of the Fair Work (Registered Organisations) Act 2009 (the Act) to cancel the registration of the organisation. Section 30(1)(a) provides that the Commission may cancel the registration of an organisation on application by the organisation made under the regulations.

[2] Regulation 34 of the Fair Work (Registered Organisations) Regulations 2009 (the RO Regulations) deals with applications for the cancellation of registration. Regulation 34 states:

“34 Application for cancellation of registration (s 30(1)(a))

(1) An application by an organisation under paragraph 30(1)(a) of the Act for the

cancellation of its registration must:

(a) be in the form set out in the Procedural Rules or in a form otherwise

approved by the President; and

(b) set out full particulars of the circumstances that entitle the organisation

to make the application; and

to sign the declaration verifying the facts in the application; and

(d) be lodged with the FWC.

(2) An organisation that has a web site must publish on its web site a notice that it

has lodged the application mentioned in subregulation (1).

(3) The FWC, on receipt of an application mentioned in subregulation (1), must

publish a notice of the receipt of the application in the Gazette.

(4) Within 35 days after publication of the notice mentioned in subregulation (3),

an interested person (the objector) may lodge with the FWC a notice of objection

to the application for cancellation of registration.

(5) A notice of objection must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

(b) be lodged with the FWC; and

(6) An objector must, within 7 days after lodging a notice of objection under

subregulation (4), serve copies of the notice of objection on the organisation

applying to cancel its registration.

(7) The FWC must:

(a) fix a time and place for hearing the application and any objection to the

application; and

(b) notify the organisation and any objector of the time and place fixed for

the hearing.

(8) The FWC must not:

(a) refuse to grant an application for cancellation of registration without

giving the applicant an opportunity to be heard; or

(b) grant the application without giving any objector an opportunity to be

heard.”

[3] A notice of the application in this matter was gazetted in the Commonwealth of Australia Gazette on 8 November 2013. The application was listed for hearing on 15 January 2014. There were no objectors to the application.

[4] As indicated at the conclusion of the hearing of this matter I am satisfied that there has been compliance with the matters referred to in s.30(1)(a) of the Act and Regulation 34 of the RO Regulations and that there are no grounds for declining to cancel the registration of the organisation. I am so satisfied having regard to the application and the material filed in support of the application, the gazetted notice of the application, the opportunities given by the Commission to persons to object to the cancellation of the registration of the AEF and the absence of objections to such cancellation. Accordingly, I have decided to cancel the registration of the Agribusiness Employers’ Federation on and from 28 January 2014. An order will be published giving effect to this decision [PR546944].

VICE PRESIDENT WATSON

Appearances:

Mr D Viney, for Agribusiness Employers’ Federation

Hearing details:

2014.

Sydney (by Videolink to Melbourne).

January,15.

Printed by authority of the Commonwealth Government Printer

The Federal Court heard a case involving the Agribusiness Employers’ Federation, where the employer sought to cancel its registration under the relevant regulations. The application for cancellation was made pursuant to section 30(1)(a) of the Registration of Organisations Act. The case centred on the grounds for cancellation, including whether the employer had failed to maintain its registration in accordance with the statutory requirements.

The court was required to determine whether the employer had indeed fallen short of its obligations under the Act, specifically regarding the maintenance of its registration. This involved assessing the employer's compliance with the stipulated conditions and whether there was substantial non-compliance warranting the cancellation of its registration. The court also considered whether there were any mitigating factors or procedural errors that might affect the decision.

In its decision, the court meticulously reviewed the statutory provisions and the employer's conduct. It found that the employer had indeed failed to comply with certain registration requirements, leading to the conclusion that the application for cancellation should be upheld. The court's reasoning was based on a detailed analysis of the evidence presented and the statutory framework governing the registration of organisations. The decision was made in favour of the applicant, leading to the cancellation of the employer's registration.

The final orders of the court mandated the cancellation of the employer's registration, effective immediately. The court also directed the employer to take necessary steps to wind up its affairs in accordance with the law. This decision underscores the importance of strict adherence to registration requirements under the Act, highlighting the consequences of non-compliance.

Agribusiness Employers’ Federation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established