Industrial Registrar v The Bacon Factories' Union of Employees, Queensland

[2024] QIRC 77

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Industrial Registrar v The Bacon Factories' Union of Employees, Queensland [2024] QIRC 077

PARTIES:

INDUSTRIAL REGISTRAR
(Applicant)

v

THE BACON FACTORIES' UNION OF EMPLOYEES, QUEENSLAND
(Respondent)

FILE NO:

RIO/2024/105

PROCEEDING:

Application for deregistration

DELIVERED EX TEMPORE ON:

3 April 2024

DELIVERED AT:

Brisbane

HEARING DATE:

3 April 2024

MEMBERS:

Vice President O'Connor, Industrial Commissioner Dwyer, Industrial Commissioner Pratt

ORDERS:

The Bacon Factories' Union of Employees, Queensland be deregistered.

CATCHWORDS

LEGISLATION:

INDUSTRIAL LAW - QUEENSLAND - INDUSTRIAL ORGANISATIONS - REGISTRATION - DEREGISTRATION, CANCELLATION OR SUSPENSION - where the Industrial Registrar sought an order deregistering an organisation - where the organisation was defunct - whether all necessary procedural requirements have been met for deregistration of industrial organisation

Industrial Relations Act 2016, s 879

The Industrial Conciliation and Arbitration Acts 1932 to 1945

APPEARANCES:

Ms M Shelley, Industrial Registrar.

Reasons for Decision

VICE PRESIDENT:

1. This is an application filed in the Queensland Industrial Relations Commission ("the Commission") pursuant to s 879(1)(c) of the Industrial Relations Act 2016 ('the IR Act') by the Industrial Registrar for an order deregistering The Bacon Factories' Union of Employees, Queensland (BFUEQ).

2. The BFUEQ was first registered in Queensland on 28 August 1946 as an Industrial Union of Employees under The Industrial Conciliation and Arbitration Acts 1932 to 1945. The registration of the BFUEQ has continued in force under the IR Act.

3. The registered rules of the BFUEQ comply with the provisions of Chapter 12 of the IR Act. A Register of Officers was last filed in the Industrial Registry on 31 March 2023 listing the officers as at 31 December 2022. On 23 June 2023 the last filed Independent Auditor's Report to the members of the BFUEQ for the period ended 20 February 2023 was filed in the Industrial Registry. Within this Report it is noted:

   1.2Going concern        … the Union has decided to close down effective 31 December 2022 and the bank account was closed effective 20 February 2023.

4. On 30 August 2023 the Industrial Registrar wrote to the four last known officers for whom a valid address was recorded on the Register of Officers and to the organisation at its last known registered office address.  One email response was received on 31 August 2023 from Mr Steven Vaughan who was the General Secretary of the BFUEQ advising, "The Bacon Factories Union of Employees became defunct on the 31^st December 2022 there are no members, no funds, no employees and no committee".[1]

   [1] Application to Queensland Industrial Relations Commission - pursuant to chapter 12 filed on 25 March 2024, Attachments "C" and "D".

5. On 16 February 2024 the Industrial Registrar published a notice on the Commission website in accordance with the provisions of r 23(3) of the Industrial Relations Regulation 2018.[2]

   [2] Ibid, Attachment "E".

6. No objections have been filed in the Industrial Registry in response to the notice published on the website.

7. Section 879 of the IR Act provides as follows:

   879    Who may bring deregistration proceedings

   (1)     Each of the following may apply to the full bench for a deregistration order on a ground mentioned in section 878 -

   (a)      an organisation;
   (b)      the Minister;
   (c)      the registrar;
   (d)      another person given leave by the full bench.

   (2)     The full bench may give leave only if it considers the person has sufficient interest to make the application.

   (3)     The full bench may, of its own initiative, bring proceedings for a deregistration order -

   (a)      on a ground mentioned in section 878 (c) or (d)(iv); or

   (b)because the organisation has failed to comply with a demarcation dispute undertaking and amendment of its eligibility rules is inappropriate.

   (4)     The registrar may also apply for a deregistration order on the ground the organisation is defunct.

8. The Full Bench is satisfied that all the necessary procedural requirements have been complied with.

9. Having read the application filed by the Industrial Registrar on 25 March 2024 together with her affidavit of even date and the relevant attachments and heard the submissions of the Industrial Registrar, the Full Bench is satisfied that the BFUEQ is defunct.  Accordingly, the BFUEQ is deregistered.

10. I order that the Bacon Factories' Union of Employees, Queensland is deregistered.

11. INDUSTRIAL COMMISSIONER DWYER:  I agree.

12. INDUSTRIAL COMMISSIONER PRATT:  I agree.

1. VICE PRESIDENT:  The order is as stated.