Queensland Real Estate Industrial Organisation of Employers

[2021] FWC 560

[2021] FWC 560

FAIR WORK COMMISSION

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

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