Australian Municipal, Administrative, Clerical and Services Union; Together Queensland, Industrial Union of Employees
[2015] FWC 7016
•12 OCTOBER 2015
| [2015] FWC 7016 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work (Registered Organisations) Act 2009
s.152(2) RO Act - Assets and liabilities Agreement with State Reg'd Union
Australian Municipal, Administrative, Clerical and Services Union; Together Queensland, Industrial Union of Employees
(D2015/61)
DEPUTY PRESIDENT LAWRENCE | SYDNEY, 12 OCTOBER 2015 |
Application by Australian Municipal, Administrative, Clerical and Services Union.
[1] On 21 August 2015 the Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged an application pursuant to s.152(3) of the Fair Work (Registered Organisations) Act 2009 (the RO Act). The application was signed by Mr David Smith, the National Secretary.
[2] The application attached an Agreement that has been entered into by the ASU with a State Union, namely Together Queensland, Union of Employees (Together Q), as provided for in s.152(1).
[3] The Agreement sets out arrangements for the management and control of the assets and liabilities of the ASU and Together Q.
[4] I am satisfied that the Agreement is in the prescribed form as required by s.152(2). It was made using the appropriate form in Schedule 3 to the Fair Work Regulations 2009 (the Regulations). It is dated 15 December 2014 and was executed by David Smith, National Secretary, ASU and Alex Scott, Secretary, Together Q.
[5] The application was listed for hearing on 17 September 2015 in Sydney with video connections to Melbourne and Brisbane. The ASU were represented by Mr J. Nolan of counsel in Sydney with Mr D. Smith and Mr J. Nucifora who participated by video-link from Melbourne. Together Q were represented by Mr J. Payne, their solicitor together with Mr A. Scott who both participated by video-link from Brisbane. I was assisted by their clarification of a number of practical matters relating to the operation of the Agreement. For example, Mr Smith and Mr Scott provided a satisfactory explanation for the eight month delay between the execution of the Agreement and its lodging in the Commission.
[6] I should note that I am well acquainted with the background to this application. In a decision of 2 June 2014, [2014] FWC 3581, I terminated the two agreements made by the predecessor organisation of the Community and Public Sector Union (CPSU) and the predecessor of Together Q, pursuant to s.151(9) of the RO Act. That decision sets out in detail the background to the ASU becoming the counterpart Federal body of Together Q.
[7] Further, in a decision in transcript given on 25 November 2014 in D2014/68, I approved a membership agreement between the ASU and Together Q made pursuant to s.151(1) of the RO Act. Following my directions, the General Manager entered the particulars of the agreement in the register kept, under paragraph 13(1)(a) on 27 November 2014.
[8] This Agreement therefore represents the culmination of the relationship formed between the ASU and Together Q.
[9] I am satisfied that the Agreement has been entered into in accordance with the rules of the ASU and Together Q. It was endorsed by the Council of Together Q in a postal ballot which closed on 13 October 2014. I was advised, following the hearing, that the ASU National Executive had endorsed it on 17 November 2014.
[10] As required by s.152(6) I am satisfied that the Agreement is not contrary to Parliament’s intention in enacting the RO Act or any object of it or the Fair Work Act 2009 (the Act). I am further satisfied that the Agreement does not adversely affect the interests of any lessor, lessee or creditor of the ASU or Together Q.
[11] An Order directing the General Manager to enter the particulars of the Agreement in the register follows:
Order
1. For the reasons given above, I hereby direct the General Manager to enter the particulars of the assets and liabilities agreement between the ASU and Together Q into the register kept under paragraph 13(1)(a).
2. In accordance with s.152(4) of the RO Act the Agreement will come into force when the General Manager enters the particulars of the Agreement in the Register.
DEPUTY PRESIDENT
Appearances:
J. Nolan of counsel (in Sydney) with D. Smith and J. Nucifora (by video-link) for the ASU.
J. Payne with A. Scott (by video-link) for Together Queensland.
Hearing details:
2015
Sydney (with video-link to Melbourne and Brisbane):
September 17.
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