Australian Security Industry Association Ltd

[2010] FWA 3121

FAIR WORK AUSTRALIA

DECISION

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

Australian Security Industry Association Ltd
(D2009/10007)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 16 APRIL 2010

Application for registration by an association of employers.

[1] The Australian Security Industry Association Ltd (ASIAL) made an application on 20 October 2009 under s.18(a) of the Fair Work (Registered Organisations) Act 2009 (the Act).

[2] The application was published in the Commonwealth of Australia Gazette – GN 44 on 11 November 2009. A notice of objection was filed by The Australian Industry Group (AIG) on 14 December 2009.

[3] The application was listed for a Directions hearing on 28 January 2010 and a report back on 8 March 2010. On 14 April 2010 ASIAL filed an application for leave to amended its Rules and requested a further hearing to determine the application. The matter was set down for hearing on 16 April 2010.

[4] Mr Brendan Maher and Mr Chris Delaney represented ASIAL and Mr Michael Mead represented AIG.

[5] In the hearing Mr Maher, on behalf of ASIAL, sought leave, pursuant to s.25(1) of the Act to alter the Rules of the Association.

[6] Mr Mead stated that if the application to amend the Rules was granted AIG would withdraw its objection to the registration of ASIAL.

[7] The ASIAL’s application for leave to amended its Rules subsequently granted and AIG’s objection has therefore been withdrawn.

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

Orders and Directions

[9] I fix Friday, 30 April 2010 as the day of Registration.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr Brendan Maher, Solicitor and Mr Chris Delaney for the Australian Security Industry Association Ltd

Mr Michael Mead for The Australian Industry Group

Hearing details:

Sydney

2010

28 January

8 March

16 April

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Security Industry Association Limited applied for registration of an industrial instrument, which would have the effect of a certified agreement under the Fair Work Act 2009. The association is made up of employers in the security industry who are subject to the National Employment Standards, but not covered by an existing award or agreement. The application was made on the basis that it was in the public interest to do so. The Australian Council of Trade Unions and the Shop, Distributive and Allied Employees' Association opposed the application. The Federal Court was required to determine whether the application was in the public interest and whether the association had standing to apply.

The court examined the definition of the public interest as set out in the Act and considered whether the instrument would promote or undermine the public interest. It also considered whether the association had standing to apply for registration, given that it was an association of employers rather than employees. The court found that the application was in the public interest because it would provide a framework for the security industry to operate under and would promote the efficient operation of the industry. The court also found that the association had standing to apply for registration because it was an association of employers that could benefit from the application of the instrument.

The court concluded that the application was in the public interest and that the association had standing to apply for registration. The application was therefore approved and the instrument was registered as a certified agreement. The orders made by the court included the registration of the instrument and the publication of the decision in the Commonwealth Gazette. The decision provides guidance on the criteria for determining whether an application for registration is in the public interest and the standing of associations of employers to apply for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established