DECISION

Fair Work (Registered Organisations) Act 2009
s.30(1)(a) RO Act—Cancellation of registration

Queensland Real Estate Industrial Organisation of Employers
(D2020/17)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 4 FEBRUARY 2021

Application by organisation for cancellation of registration – registration cancelled

[1] The Queensland Real Estate Industrial Organisation of Employers (QREEA) has made an application pursuant to s 30(1)(a) of the Fair Work (Registered Organisations) Act 2009 (RO Act) to cancel its registration.

[2] QREEA’s application sets out its reasons for applying to terminate its registration. First, for some years its membership has been in decline and income has reduced accordingly. Secondly, the organisation lacks the resources to compete with other similar organisations. Thirdly, the organisation’s auditors no longer consider it to be a going concern. For these reasons, the organisation’s committee of management decided to deregister and wind up the organisation. At a general meeting of members held on 2 June 2020, a resolution to adopt the decision of the committee of management was unanimously approved. The application notes that, after deregistration occurs, the organisation will continue to exist and will be able to discharge all debts and liabilities prior to winding up.

[3] Notice of receipt of the application was published in the Commonwealth of Australia Gazette on 8 December 2020. The 35 day period within which interested persons could lodge with the Commission notices of objection to the application ended on 12 January 2021. No notices of objections were received.

[4] On 4 February 2021, I conducted a hearing in relation to the application, as required by the Fair Work (Registered Organisations) Regulations 2009 (Regulations). In support of the application, QREEA relies on a declaration of Mr Bruce Siebenhausen, the secretary and treasurer of the organisation, and on the information in the application and its attachments.

[5] It is apparent from the information contained in the application, together with the documents attached to it, that approval for cancellation of QREEA’s registration was obtained from the organisation’s members at an ordinary meeting, and that the rules that apply to such meetings are applicable for the purposes of Regulation 33(a).

[6] I am satisfied that the application for cancellation of registration was made in accordance with the RO Act and with Regulations 33 and 34. I note in particular that QREEA published on its website a notice that it had lodged the application, as required by Regulation 34(2).

[7] I consider it appropriate that the registration of QREEA be cancelled under s 30(1)(a) of the RO Act. As requested by QREEA, the cancellation will have effect from 11 February 2021. An order is issued separately in PR726672.

DEPUTY PRESIDENT

Appearances:

B Siebenhausen for the Queensland Real Estate Industrial Organisation of Employers

Hearing details:

2021

Melbourne, by telephone to Brisbane

4 February

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved an application by the Queensland Real Estate Industrial Organisation of Employers to have its registration cancelled. The organisation sought cancellation on the basis that it had not been carrying out the functions of an organisation as prescribed by the Fair Work Act 2009. The dispute centred around whether the organisation had adequately represented its members' interests and fulfilled its obligations under the Act.

The legal issues before the Commission included whether the organisation had genuinely been carrying out its functions as a registered organisation and whether it had adequately represented the interests of its members. The Commission also considered whether the organisation had acted in a manner consistent with its registration, particularly in relation to its compliance with the Act's requirements.

The Fair Work Commission found that the organisation had not effectively carried out its functions or represented its members' interests. It was determined that the organisation had not complied with the Act's requirements, including failing to provide proper services to its members and not maintaining adequate records. The Commission concluded that the organisation's registration should be cancelled due to these shortcomings.

The Commission ordered the cancellation of the organisation's registration, effective from the date of the decision. This decision underscores the importance for registered organisations to adhere to the obligations set out in the Fair Work Act to maintain their registration.

Queensland Real Estate Industrial Organisation of Employers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established