Australian Aircrew Officers Association
[2022] FWC 805
| [2022] FWC 805 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.30(1)(c) RO Act - Cancellation of registration on FWC’s Own Motion
Australian Aircrew Officers Association
(D2021/12)
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 8 APRIL 2022 |
Cancellation of registration of a registered organisation.
The Australian Aircrew Officers Association (AAOA) is an organisation of employees that was registered under the Fair Work (Registered Organisations) Act 2009 (RO Act) on 1 October 2013. It is an organisation of flight crew officers engaged in the Australian operations of Cathay Pacific Airways Ltd.
By correspondence dated 8 December 2021, solicitors representing the AAOA advised the General Manager of the Commission that the AAOA had fewer than 50 members. It noted that in such circumstances the Commission may cancel the registration of an organisation on its own motion. The General Manager requested evidence of the number of members. On 20 January 2022, the solicitors for the AAOA submitted a declaration by Mr Ian Turner, chairman of the AAOA, which stated that as of 18 January 2022 the organisation had 32 members who were employees. On 31 March 2022, the Commission’s registered organisations section alerted the registered organisations panel head to this correspondence. The file was then allocated to my chambers.
On 5 April 2022, I notified the AAOA that I was considering whether to cancel the registration of the AAOA on the Commission’s own motion and asked the AAOA to advise whether it wished to be heard, and whether it supported or opposed the cancellation of registration. On 8 April 2022, the AAOA advised that it did not wish to be heard, and that it did not oppose the cancellation of its registration on the Commission’s own initiative.
Section 30(1)(c) of the RO Act states that the Commission may cancel the registration of an organisation on the Commission’s own motion in various circumstances, including if the organisation is an organisation of employees (other than an enterprise association) and has fewer than 50 members who are employees.
The AAOA is an organisation of employees. The decision of Watson VP which granted the organisation’s application for registration ([2013] FWC 6842) makes clear that the application for registration was made under s 18(a) of the RO Act, not s 18(c): registration was not sought on the basis that the organisation was an enterprise association. The AAOA has confirmed that this was the case. I conclude therefore that the AAOA is not an enterprise association. I note in this regard that to cancel the registration of an enterprise association under s 30(1)(c)(iii) of the RO Act, the Commission must be satisfied that the organisation has fewer than 20 members who are employees.
I am satisfied that the Commission’s power to cancel the registration of the organisation pursuant to s 30(1)(c)(ii) has been enlivened. The Commission has a discretion in this regard. There needs to be a reason why the Commission should exercise it. The organisation does not contend that the Commission should exercise the discretion. However, it has advised the Commission that it does not oppose the cancelation of its registration. It has expressed no desire to maintain its registration. This consideration weighs in favour of exercising the discretion to cancel the registration.
In all the circumstances I consider it appropriate to cancel the registration under s 30(1)(c)(ii) of the RO Act.
An order to that effect will separately be issued PR740199.
DEPUTY PRESIDENT
Determined on the papers
Printed by authority of the Commonwealth Government Printer
<PR740198>
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