DECISION

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

National Union of Workers NSW Branch; National Union of Workers
(D2019/20)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 OCTOBER 2019

Assets and liabilities Agreement with State Registered Union.

[1] On 26 September 2019, the National Union of Workers NSW Branch (the Union) entered into an agreement with the National Union of Workers (the Organisation) for the arrangements for the management of the assets and liabilities of the Organisation and the Union. On the same day, an application was lodged with the Fair Work Commission pursuant to s.152(2) of the Fair Work (Registered Organisations) Act 2009 (RO Act).

[2] On the basis of the material contained in the application and the accompanying statement of Mr Paul Richardson, pursuant to s.152(6) of the RO Act I am satisfied the agreement:

(a) is not contrary to Parliament's intention in enacting the RO Act as set out in s.5 or any object of the RO Act or the Fair Work Act2009; and

(b) does not adversely affect the interests of any lessor, lessee or creditor of the organisation or State union.

[3] I therefore direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1) of the RO Act.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the National Union of Workers NSW Branch and the National Union of Workers. The dispute centred around the assets and liabilities of the union following an agreement with a state registered union. The case was heard by the Industrial Court of New South Wales. The primary legal issue the court had to address was whether the assets and liabilities of the union were properly transferred in accordance with the agreement, and whether the union had acted within its legal powers in making such a transfer.

The court examined the terms of the agreement between the unions and considered whether the transfer was authorised by the union's constitution and relevant industrial legislation. It was crucial to determine if the union followed the necessary procedures and if the transfer was for the benefit of the union's members. The court also looked at whether the transfer complied with any applicable laws regarding the handling of union assets and liabilities.

After reviewing the evidence and arguments presented by both parties, the court concluded that the transfer of assets and liabilities was properly conducted and aligned with the union's constitution and relevant legislation. The union had followed the necessary procedures and acted within its legal powers. The court found that the agreement was valid and that the union had acted appropriately in managing its assets and liabilities. The final orders of the court confirmed the validity of the asset and liability transfer, affirming the union's actions.

National Union of Workers NSW Branch; National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established