Caden Group Pty Ltd v Shop, Distributive and Allied Employees Association

Caden Group Pty Ltd (the applicant) sought judicial review of a decision made by the Shop, Distributive and Allied Employees Association (the respondent) to refuse to register a proposed amendment to the applicant's constitution. The application was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the respondent's refusal to register the proposed amendment was lawful. Specifically, the Court had to determine if the amendment, which sought to alter the eligibility criteria for membership, contravened the requirements of the *Fair Work (Registered Organisations) Act 2009* (Cth) (the Act) and the rules of the respondent organisation.

Riley J found that the proposed amendment was invalid because it sought to introduce a condition of eligibility for membership that was not permitted by the Act. The Act requires that eligibility rules for organisations must be confined to persons who are employed in or who are in the employ of a particular employer or employers, or who are employed in or who are in the employ of a particular industry or industries. The amendment, by seeking to include persons who were not currently employed in the relevant industry, went beyond these permissible grounds. The Court reasoned that the respondent's obligation was to register amendments that complied with the Act, and as this amendment did not, the refusal to register was a lawful exercise of the respondent's power.

The application for judicial review was dismissed.