Queensland Real Estate Industrial Organisation of Employers

[2014] FWC 546

FAIR WORK COMMISSION

SUPPLEMENTARY DECISION

Fair Work (Registered Organisations) Act 2009
s.18(a) RO Act - Application for registration by an association of employers

Queensland Real Estate Industrial Organisation of Employers
(D2013/116)

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 22 JANUARY 2014

Further decision relating to PR546853.

[1] On 15 January 2014 I issued a decision in this matter [PR546853]. In that decision I determined that I was satisfied that the grounds for registration set out in s.19 of the Fair Work (Registered Organisations) Act 2009 (“the RO Act”) had been met and that the application for registration should be granted. As such, I determined that the Queensland Real Estate Industrial Organisation of Employers (“the association”) will be registered with effect from 24 January 2014.

[2] In that decision I noted that “the rules of the association make provision as required by the RO Act to be made by the rules of organisation (s.19(1)(f) of the RO Act [...]”

[3] On 16 January 2014, the day following the publication of that decision, the Queensland Industrial Registrar issued an Amended Certificate of Registration of Amendment of Rules. The original Certificate of Registration of Amendment of Rules (issued by the Queensland Industrial Registrar on 20 December 2013), along with the rules of the association (as had been amended), formed Exhibit A1 in the proceedings before me of Wednesday 15 January 2014.

[4] I have examined the amended rules and indicate that I rely upon the Amended Certificate of Registration of Amendment of Rules issued on 16 January 2014 and the related amended rules of the association for the purposes of satisfaction in respect of the requirements of s.19(1)(f) of the RO Act. The (16 January 2014) amendments to the amended rules were of a minor nature and were largely typographical in nature.

[5] A copy of the Amended Certificate of Registration of Amendment of Rules issued on 16 January 2014 and the related rules of the association has been placed on the file.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Queensland Real Estate Industrial Organisation of Employers sought registration as a registered organisation under the Fair Work (Registered Organisations) Act 2009. The Senior Deputy President issued a decision granting the registration on 15 January 2014, noting that the association's rules complied with the necessary provisions of the Act. However, the Queensland Industrial Registrar issued an amended certificate of registration and rules on 16 January 2014, which the Senior Deputy President relied upon for the purposes of confirming compliance with section 19(1)(f) of the Act. The amended rules contained minor, largely typographical changes.

The legal issues before the court involved whether the Queensland Real Estate Industrial Organisation of Employers' rules complied with section 19(1)(f) of the Fair Work (Registered Organisations) Act 2009, which requires registered organisation rules to make provision for the payment of fees by members. The court also had to consider whether the minor, typographical changes to the rules made on 16 January 2014 were sufficient to ensure compliance with the Act.

The Senior Deputy President determined that the amended rules of the Queensland Real Estate Industrial Organisation of Employers, as amended on 16 January 2014, complied with section 19(1)(f) of the Act. The minor, typographical changes to the rules did not affect the substance of the provisions regarding fees and member obligations. The court was satisfied that the association's rules provided for the payment of fees by members and met the requirements of the Act. The Senior Deputy President confirmed the registration of the association, effective from 24 January 2014.

The Fair Work Commission granted the registration of the Queensland Real Estate Industrial Organisation of Employers as a registered organisation under the Fair Work (Registered Organisations) Act 2009, effective from 24 January 2014. The court confirmed that the association's amended rules, as issued on 16 January 2014, complied with the necessary provisions of the Act, including the requirement for rules to provide for the payment of fees by members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established