Extended Care Industry Industrial Secretariat

[2015] FWC 5904

[2015] FWC 5904

FAIR WORK COMMISSION

DECISION

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

Extended Care Industry Industrial Secretariat
(D2014/62)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 26 AUGUST 2015

Cancellation of registration on application by organisation made under the regulations; Section 30(1)(c) RO Act; satisfied organisation is defunct; registration cancelled.

[1] The Extended Care Industry Industrial Secreteriat (ECIIS) has applied to the Fair Work Commission (Commission) under s.30(1)(a) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) to cancel the registration of the organisation. The application was made on 18 September 2014. ECIIS has been unable despite attempts, to gain the necessary quorum at meetings convened under its rules to enable a winding up motion to be put. Section 30(1)(c) enables the Commission, on its own motion to cancel the registration of an organisation on application by the organisation if satisfied the organisation is defunct.

[2] Based on the progress of the ECIIS’s application and submissions made by Mr Reid, appearing for the applicant on 14 May 2015, I formed a preliminary view that ECIIS might be defunct.

[3] A notice of the application in this matter was gazetted in the Commonwealth of Australia Gazette on 4 March 2015. The application was listed for hearing on 14 May 2015. There were no objectors to the application. For the reasons given above the application could not proceed because I was not satisfied that ECIIS was authorised to make the application given its inability to command a quorum at any meeting at which authorisation could be given.

[4] I requested that Mr Reid appearing for the applicant send a letter to my chambers indicating that the organisation's desire is to cease to be registered, because the organisation is defunct and to set out that it is no longer providing any services to members, members are failing to attend meetings of the organisation and for all intents and purposes, the organisation is no longer operating as an organisation under its rules.

[5] I also requested the applicant provide a list of the names and addresses of each office holder of the organisation, so that my chambers could correspond with them and ask for their opinion about this issue.

[6] Following receipt of the information as requested and after making contact with the office holders of the organisation, a second notice was gazetted in the Commonwealth of Australia Gazette on 20 July 2015 indicating that I propose to cancel registration on the ground the ECIIS was defunct. No objections were made or received with the time prescribed.

[7] I am satisfied after making all appropriate enquiries and after giving notice in the Gazette, that ECIIS is defunct. I have decided to cancel the registration of the Extended Care Industry Industrial Secretariat with effect and from 26 August 2015 pursuant to s.30(1)(c)(i) of the RO Act.

[8] An order giving effect to this decision is issued in PR571251.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR571242>