Building Services Contractors Association of Australia, New South Wales Division

[2010] FWA 1192

[2010] FWA 1192

FAIR WORK AUSTRALIA

DECISION

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

Building Services Contractors Association of Australia, New South Wales Division
(D2009/10008)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 16 FEBRUARY 2010

Application for Registration by the Building Services Contractors Association of Australia, New South Wales Division .

[1] The Building Services Contractors Association of Australia, New South Wales Division lodged an application with Fair Work Australia on 23 November 2009 for registration as an organisation under Part 2, Section 18 –of the Fair Work (Registered Organisations) Act 2009 (the Act).

[2] The criteria for registration of associations (other than enterprise associations) are set out in Section 19 (1) of the Act. This section states as follows:

“19 Criteria for registration of associations other than enterprise associations

(1) FWA must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:

(a) the association:

(i) is a genuine association of a kind referred to in paragraph 18(a) or (b); and

(ii) is an association for furthering or protecting the interests of its members; and

(b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and

(c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and

(d) in the case of an association of employees—the association has at least 50 members who are employees; and

(e) FWA is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and

(f) the rules of the association make provision as required by this Act to be made by the rules of organisations; and

(g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and

(h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and

(i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and

(j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:

(i) to which the members of the association could more conveniently belong; and

(ii) that would more effectively represent those members.”

[3] Further requirements for registration are set out in Regulation 21 of the Fair Work (Registered Organisations) Regulations 2009 (the regulations). They are as follows:

“21 Application for registration (s 18)

(1) An application by an association under section 18 of the Act for registration as an organisation must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

(b) contain a declaration, made by an officer of the association authorised to make the declaration, verifying the facts stated in the applicationand in any document lodged with the application; and

(c) be lodged with FWA; and

(d) be lodged with the following documents:

(i) a list of the members of the association, showing the name and postal address of each member;

(ii) a list of the offices in the association and in each branch of the association;

(iii) a list of the names, postal addresses and occupations of the persons holding the offices;

(iv) a list of the branches of the association, showing for each branch its name and the location of its office;

(v) the rules of the association and the rules of each of its branches;

(vi) a copy of a resolution in favour of the registration of the association as an organisation passed in accordance with the rules of the association by a majority of the members of the association present at a general meeting of the association or by an absolute majority of the committee of management of the association.

(2) An association applying for registration may lodge with FWA an additional statement supporting the application.”

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

Orders and Directions

1. I fix Monday, 1 March 2010 as the day of Registration.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr D Sleeman and Mrs B Connolley for the Building Services Contractors Association of Australia, New South Wales Division

Hearing details:

Sydney

2010

16 February

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