Confederation of A.C.T. Industry

[2015] FWC 4978

[2015] FWC 4978

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.30(1)(a) RO Act - Application by organisation for cancellation of registration

Confederation of A.C.T. Industry
(D2015/55)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 22 JULY 2015

Application by organisation for cancellation of registration.

[1] This is an application by the Confederation of A.C.T. Industry (the Applicant) pursuant to s.30(1)(a) of the Fair Work Registered Organisations Act 2009 (the RO Act) to cancel its own registration.

[2] The application was lodged on 30 April 2015.

[3] A hearing took place on 30 April 2015 with a video link to Canberra.

[4] Section 30(1)(a) of the RO Act provides that the Fair Work Commission (the Commission) may cancel the registration of an organisation on application by the organisation made in accordance with the Fair Work (Registered Organisation) Regulations 2009 (the RO Regulations).

[5] The relevant regulations are

“33 Cancellation of registration (Schedule 1, s 30 (1) (a))

An organisation may apply under paragraph 30 (1) (a) of the Act for the cancellation of its registration if approval has been given to the organisation to apply for the cancellation of its registration by a majority of the members voting at a ballot of the members taken:

(a) in accordance with any rules that apply; or
(b) if no rules apply—in accordance with:

(i) any rules of the organisation providing for the election of any of its officers by a direct voting system; or
(ii) if subparagraph (i) does not apply—procedures approved by the FWC.

34 Application for cancellation of registration (s 30 (1) (a))

(1) An application by an organisation under paragraph 30 (1) (a) of the Act for the cancellation of its registration must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) set out full particulars of the circumstances that entitle the organisation to make the application; and
(c) contain a declaration signed by an officer of the organisation authorised to sign the declaration verifying the facts in the application; and
(d) be lodged with the FWC.

(2) An organisation that has a web site must publish on its web site a notice that it has lodged the application mentioned in subregulation (1).

(3) The FWC, on receipt of an application mentioned in subregulation (1), must publish a notice of the receipt of the application in the Gazette.

(4) Within 35 days after publication of the notice mentioned in subregulation (3), an interested person (the objector) may lodge with the FWC a notice of objection to the application for cancellation of registration.

(5) A notice of objection must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and
(b) be lodged with the FWC; and
(c) comply with the requirements of regulation 14.

(6) An objector must, within 7 days after lodging a notice of objection under subregulation (4), serve copies of the notice of objection on the organisation applying to cancel its registration.

(7) The FWC must:

(a) fix a time and place for hearing the application and any objection to the application; and
(b) notify the organisation and any objector of the time and place fixed for the hearing.

(8) The FWC must not:

(a) refuse to grant an application for cancellation of registration without giving the applicant an opportunity to be heard; or
(b) grant the application without giving any objector an opportunity to be heard.”

[6] The application was gazetted on 8 May 2015. The Applicant also published a notice on its website on 7 May 2015, as required by Regulation 34(2). No objections were received.

[7] A Special General Meeting of the Applicant was held in Canberra on 11 June 2014. That meeting endorsed a resolution to dissolve the Applicant. A natural consequence of that resolution was the application to the Commission to cancel the registration of the Applicant as an organisation of employers. I am satisfied that the Applicant has complied with the requirements of its rules in passing this resolution.

[8] I was advised that the Applicant’s role as the representative of employers in the ACT is to be taken over by a new organisation, the Canberra Business Chamber.

Conclusion

[9] I am satisfied that the Applicant has complied with Regulations 33 and 34.

[10] Accordingly, pursuant to s.30(1)(a) of the RO Act, the registration of the Confederation of A.C.T. Industry will be cancelled.

[11] The cancellation will take effect from 30 July 2015.

DEPUTY PRESIDENT

Appearances:

G. Schmidt with G. Castle and L. Hughes for Confederation of ACT Industry.

Hearing details:

2015

Sydney (with video link to Canberra):

July 2.

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