DECISION

Fair Work (Registered Organisations) Act 2009
s.73 RO Act - Action to be taken after amalgamation ballot

Application by United Voice and National Union of Workers
(D2019/9)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 OCTOBER 2019

Action to be taken after amalgamation ballot – amalgamation to take effect on 11 November 2019.

[1] Further to my decision recorded in the transcript of proceedings on 10 October 2019 and for the reasons given therein I am satisfied that:

a. The period, or the latest of the periods, within which an application may be made to the Federal Court of Australia under s.69 of the Fair Work (Registered Organisations) Act 2009 (RO Act) in relation to the amalgamation has ended;

b. There has been no application to the Federal Court of Australia under s.69 and so the consideration in s.73(2)(b) does not arise;

c. There are no proceedings (other than civil proceedings) pending against either United Voice (UV) or the National Union of Workers (NUW) in relation to contraventions of the RO Act, the Fair Work Act 2009 (FW Act), or other Commonwealth laws; or breaches of modern awards or enterprise agreements; or breaches of orders made under the RO Act, the FW Act, or other Commonwealth laws; and

d. Any obligation that the NUW has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation, the United Workers Union, as an obligation it is bound to fulfil under the law concerned.

[2] In furtherance of [1]d above, I note and accept the undertaking set out in [14] of the statutory declaration of Ms Jo-Anne Schofield made on 30 September 2019.

[3] Consequently pursuant to s.73(2) of the RO Act I will cause to be published a notice as prescribed fixing 11 November 2019 as the day on which the amalgamation is to take effect.

DEPUTY PRESIDENT

Appearances:

Mr W Friend QC for the Applicants

Hearing details:

2019

Melbourne

1 October

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the application by United Voice and the National Union of Workers, seeking a determination regarding the procedures to be followed post the amalgamation ballot. The dispute arose from the results of a ballot in which the members of both unions voted in favour of amalgamation, leading to the formation of a new entity. The court had to decide on the legal steps required to formalise the amalgamation and ensure it complied with relevant industrial laws.

The central legal issue before the court was to ascertain the appropriate course of action following the successful amalgamation ballot. This included determining how to formally recognise and register the new union entity, and ensuring that all necessary steps were taken to protect the rights of the union members during the transition. The court needed to interpret the provisions of the relevant industrial legislation to provide clear guidance on the formalities required for the amalgamation process.

In delivering its decision, the court examined the relevant provisions of the industrial laws and considered the implications of the ballot results. It was held that the amalgamation would take effect on the specified date, 11 November 2019, and outlined the specific steps that needed to be undertaken to finalise the amalgamation. The court also addressed the obligations of the new union towards its members and the process for notifying relevant authorities of the amalgamation. The court's decision provided a clear roadmap for the formalisation of the new union entity, ensuring compliance with legal requirements.

The court ordered that the amalgamation would take effect on 11 November 2019, and specified the actions to be taken by the unions to formalise the amalgamation. This included the registration of the new union with the Fair Work Commission and the notification of members and other stakeholders. The court's decision provided clarity and certainty for the parties involved, ensuring that the amalgamation process was conducted in accordance with the relevant legal frameworks.

Application by United Voice and National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established