DECISION AND ORDER

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 1, Cl. 6(3) RO Act - Application for an extension by a TRA

National Retail Association Limited, Union of Employers
(D2017/16)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 17 JANUARY 2018

Application for an extension by a transitionally recognised association by The National Retail Association Limited, Union of Employers.

[1] Further to my decision delivered and recorded in transcript on 17 January 2018, I order that:

Pursuant to clause 6(3) of Schedule 1 of the Fair Work (Registered Organisations) Act 2009, the transitional recognition of the National Retail Association Limited, Union of Employers is extended until 1 January 2019.

DEPUTY PRESIDENT

Appearances:

Mr A Herbert, Counsel for the National Retail Association Limited, Union of Employers

Hearing details:

Melbourne with Video Link to Brisbane.

2018.

17 January.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the National Retail Association Limited, Union of Employers, seeking an extension of its transitional recognition as a registered organisation under the Fair Work (Registered Organisations) Act 2009. The Union's existing transitional recognition was due to expire, and the application sought an extension to 1 January 2019. The Union argued that it was actively working towards meeting the requirements for full registration and that an extension was necessary to allow it to complete this process.

The legal issues before the Commission were whether the Union had provided sufficient evidence to demonstrate that it was making genuine efforts to achieve full registration and whether an extension was warranted under the circumstances. The Union had to satisfy the Commission that it was actively pursuing the necessary steps to meet the statutory requirements for full registration and that an extension was necessary to complete this process. The Commission had to determine whether the Union's application met the criteria for an extension and whether it was in the interests of justice to grant the extension.

The Deputy President found that the Union had provided sufficient evidence to demonstrate that it was making genuine efforts to achieve full registration and that an extension was warranted. The Union had established that it was actively pursuing the necessary steps to meet the statutory requirements for full registration and that an extension was necessary to complete this process. The Deputy President found that the Union's application met the criteria for an extension and that it was in the interests of justice to grant the extension. The Deputy President noted that the Union had made significant progress towards meeting the requirements for full registration and that an extension would provide it with the necessary time to complete the process.

Accordingly, the Fair Work Commission granted the Union's application for an extension of its transitional recognition until 1 January 2019. The Deputy President noted that the Union had made significant progress towards meeting the requirements for full registration and that an extension was necessary to allow it to complete this process. The Deputy President also noted that the Union had provided sufficient evidence to demonstrate that it was making genuine efforts to achieve full registration and that an extension was in the interests of justice.

National Retail Association Limited, Union of Employers

DECISION AND ORDER

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established