Independent Education Union of Australia

[2018] FWC 194

[2018] FWC 194

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.152(2) RO Act—Rules of organisations

Independent Education Union of Australia
(D2017/8)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 11 JANUARY 2018

Assets and liabilities agreement with state registered union.

[1] On 6 October 2017 the Independent Education (South Australia) Branch (the IEU SA) lodged an application pursuant to s.152(3) of the Fair Work (Registered Organisations) Act 2009 (the RO Act). The application was signed by Mr Glen Seidel, the Secretary of the IEU SA.

[2] The application attached an Agreement that has been entered into by the IEU SA with a State registered union, namely Independent Education Union (South Australia) Inc (the State IEU), as provided for in s.152(1).

[3] The Agreement sets out arrangements for the management and control of the assets and liabilities of the IEU SA and the State IEU.

[4] I am satisfied that the Agreement is in the prescribed form as required by s.152(2). It was made using the appropriate form in Schedule 3 to the Fair Work Regulations 2009. It is dated 21 September 2017 and was executed by Mr Glen Seidel as Secretary for both the IEU SA and the State IEU.

[5] The application was listed for hearing on the papers on 11 January 2018. The public listing of hearings for that day noted that “persons wishing to be heard in this matter should contact the chambers of Senior Deputy President Hamberger at least one hour before the time listed and the matter will be listed for an attendance hearing.” My chambers did not receive any contact from any person wishing to be heard and my determination of the application proceeded.

[6] I am satisfied that the Agreement has been entered into in accordance with the rules of the IEU SA and the State IEU.

[7] As required by s.152(6) of the RO Act I am satisfied that the Agreement is not contrary to Parliament’s intention in enacting the RO Act or any object of it or the Fair Work Act 2009. I am further satisfied that the Agreement does not adversely affect the interests of any lessor, lessee or creditor of the IEU SA or the State Union.

[8] An Order directing the General Manager to enter the particulars of the Agreement in the register follows:

Order

1. For the reasons given above, I hereby direct the General Manager to enter the particulars of the assets and liabilities agreement between the IEU SA and the State Union into the register kept under paragraph 13(1)(a) of the RO Act.

2. In accordance with s.152(4) of the RO Act the Agreement will come into force when the General Manager enters the particulars of the Agreement in the Register.

SENIOR DEPUTY PRESIDENT

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