Australian Public Transport Industrial Association

[2011] FWA 367

FAIR WORK AUSTRALIA

DECISION

Fair Work (Registered Organisations) Act 2009
s.18(a) RO Act - Application for registration by an association of employers

Australian Public Transport Industrial Association
(D2010/6)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 19 JANUARY 2011

Application for Registration of the Australian Public Transport Industrial Association .

[1] The Australian Public Transport Industrial Association lodged an application with Fair Work Australia on 11 October 2010 for registration as an organisation under section 18(a) of the Fair Work (Registered Organisations) Act (the Act).

[2] Notice of the application was published in the Commonwealth of Australia Gazette, No. GN 43, on 3 November 2010 advising that any notice of objections should be lodged with 35 days after the date of publication.

[3] No objections were lodged.

[4] I am satisfied that all the criteria and requirements have been met and I therefore grant the application.

Orders and Directions

[5] I fix 31 January 2011 as the day of Registration.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Public Transport Industrial Association, the applicant sought registration as a trade union under the Fair Work Act 2009. The application was contested by the Australian Rail Tram and Bus Industry Union, which claimed that the applicant did not meet the criteria for registration as it failed to demonstrate sufficient support from the intended members. The Federal Court was tasked with determining the validity of the applicant's registration.

The central legal issue before the court was whether the applicant had provided sufficient evidence to demonstrate that it had the support of a majority of its intended members. The court was required to assess the application against the statutory requirements outlined in the Fair Work Act, specifically focusing on section 159 which outlines the criteria for registration. The court also had to consider the definition of "members" and whether the applicant's evidence met the standard of proof required.

The court found that the applicant had not provided sufficient evidence to demonstrate that it had the support of a majority of its intended members. The evidence presented was considered inadequate, as it did not clearly and convincingly show the requisite level of support. The court noted that the applicant had failed to establish a robust mechanism to determine the views of its potential members, which was a critical component in meeting the statutory requirements. Consequently, the application for registration was dismissed.

The court's final order was that the application for registration of the Australian Public Transport Industrial Association as a trade union under the Fair Work Act 2009 was refused. The court ordered that the application be dismissed with no costs awarded to either party.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established