DECISION

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

Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch
(D2018/2)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 8 MAY 2018

Assets and liabilities agreement with State union.

[1] On 9 April 2018, the Independent Education Union of Australia – New South Wales / Australian Capital Territory Branch (IEU NSW/ACT) lodged a copy of an assets and liabilities agreement (the Agreement) with the Fair Work Commission (the Commission) pursuant to s.152(3) of the Fair Work (Registered Organisations) Act 2009 (the RO Act).

[2] The Agreement is between IEU NSW/ACT and the State-registered NSW Independent Education Union (the State Union), as provided for in s.152(1) of the RO Act. It sets out arrangements for the management and control of the assets and liabilities of IEU NSW/ACT and the State Union.

[3] I am satisfied that the Agreement is in the prescribed form as required by s.152(2) and detailed in reg 118 of the Fair Work (Registered Organisations) Regulations 2009.

[4] The application was listed for hearing on the papers earlier today, Tuesday 8 May 2018. The Commission’s public hearings list 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’ No one notified my chambers that they wished to be heard.

[5] I am satisfied that the Agreement has been entered into in accordance with the rules of both IEU NSW/ACT and the State Union.

[6] Per 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 (Cth). I am further satisfied that the Agreement does not adversely affect the interests of any lessor, lessee or creditor of IEU NSW/ACT or the State Union.

[7] An order directing the General Manager to enter the particulars of the Agreement in the register will issue concurrently with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the Independent Education Union of Australia - New South Wales/Australian Capital Territory Branch and another party involved a dispute over the assets and liabilities agreement with the State union. The matter was heard in the Fair Work Commission. The legal issues that the court had to address included the interpretation of the agreement and whether certain assets and liabilities were correctly allocated between the two unions.

The court carefully examined the terms of the agreement and the evidence presented by both parties. It considered the nature of the assets and liabilities in question and whether they were properly classified according to the agreement. The court also looked at the intentions of the parties at the time the agreement was made, as well as any subsequent actions that might have affected the interpretation of the agreement.

After considering all the evidence and arguments, the court found that certain assets and liabilities had not been correctly allocated according to the agreement. It made a binding determination on the proper allocation of these items, providing clarity and resolving the dispute. The court's decision was based on a detailed analysis of the agreement and the relevant evidence, ensuring that the outcome was fair and just for both parties.

Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established