Re Aged & Community Services Association of NSW & Act Incorporated

[2025] NSWIC 10

Industrial Court

New South Wales

Medium Neutral Citation:

Re Aged & Community Services Association of NSW & ACT Incorporated; Re Leading Age Services Australia NSW-ACT [2025] NSWIC 10

Hearing dates:

07 August 2025

Date of orders:

20 August 2025

Decision date:

20 August 2025

Before:

Taylor J, President
Chin J, Vice President
Paingakulam J, Deputy President

Decision:

(1) Leave is granted to Aged & Community Care Providers Association Ltd t/as Ageing Australia, pursuant to s 225(1) of the Industrial Relations Act 1996 (NSW), to apply to the Commission for the cancellation of the registration of:

(a)   Aged & Community Services Association of NSW & ACT Incorporated; and

(b)   Leading Age Services Australia NSW-ACT.

(2) The registration of Aged & Community Services Association of NSW & ACT Incorporated is cancelled, pursuant to s 227(1) of the Industrial Relations Act 1996 (NSW), on the ground that it is defunct.

(3) The registration of Leading Age Services Australia NSW-ACT is cancelled, pursuant to s 227(1) of the Industrial Relations Act 1996 (NSW), on the ground that it is defunct.

(4) The Industrial Registrar is directed, pursuant to s 232 of the Industrial Relations Act 1996 (NSW), to record the cancellation of the registration of:

(a)   Aged & Community Services Association of NSW & ACT Incorporated; and

(b)   Leading Age Services Australia NSW-ACT,

in the register kept for the purpose of Pt 3 of the Industrial Relations Act 1996 (NSW).

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW — Industrial organisations — Cancellation of registration — Defunct industrial organisations — Industrial organisations no longer operating

Legislation Cited:

Corporations Act2001 (Cth), s 119.

Fair Work (Registered Organisations) Act 2009 (Cth), s 27

Industrial Relations Act 1996 (NSW), ss 153(2), 225, 226(g), 227, 228, 231, 232, 240, 245, 247, 248, 266, 274, 278, 287, 290B, 290E, 292

Cases Cited:

4 yearly review of modern awards-Group 2 [2016] FWCFB 7254

Application by Australian Municipal, Administrative, Clerical and Services Union [2014] FWCFB 379

Application/Notification by Aged & Community Services Association of NSW & ACT Incorporated (133N) [2014] FWC 1310

Application/Notification by Aged & Community Services NSW & ACT [2017] FWC 1967

Application/Notification by Aged and Community Services Australia [2017] FWC 1947

Employers Association of Beauty Therapy (NSW) [2007] NSWIRComm 147

Leading Age Services Australia NSW-ACT [2016] NSWIC 7

Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6

Re Extended Care Industry Industrial Secretariat [2015] FWC 5904

Re Motor Inn, Motel and Accommodation Association [2015] FWC 25

Re: Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6

Registrar v Master Hairdressers' Association of Western Australia Industrial Union of Employers [2004] WAIRComm 11936

The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136

The Australian Workers' Union [1979] AR (NSW) 544

The Newcastle Master Builders' Association [2023] NSWSC 868

Voluntary Care Association of New South Wales and Australian Capital Territory Inc (1991) 2 CAR 109; [1991] CthArbRp 101

Texts Cited:

Macquarie Dictionary, online ed

Category:

Principal judgment

Parties:

Aged & Community Care Providers Association
Ltd t/as Ageing Australia (Applicant)

Representation:

Solicitors:
Australian Business Lawyers & Advisors (Applicant)

File Number(s):

2025/231530
2025/253422

Publication restriction:

Nil

JUDGMENT

Introduction

1. On 3 July 2025, the Aged & Community Care Providers Association Ltd t/as Ageing Australia (Ageing Australia) filed applications to cancel the registrations of:

1. Aged & Community Services Association of NSW & ACT Incorporated (the Aged & Community Services Organisation); and

2. Leading Age Services Australia NSW-ACT (the Leading Age Services Organisation),

(collectively, the Organisations) on the ground that each is defunct pursuant to s 226(g) of the Industrial Relations Act 1996 (NSW) (the IR Act).

2. In support of its applications, Ageing Australia filed the following:

1. two affidavits of Arzu Haylaz, the Chief Financial Officer at Ageing Australia, each affirmed on 3 June 2025;

2. two affidavits of Claire Bailey, the Head of Workplace Relations at ACCPA, each affirmed 1 August 2025;

3. two affidavits of Alana Rafter, a Solicitor at Australian Business Lawyers & Advisors, each affirmed 31 July 2025;

4. two affidavits of service of Dahlia lssmail, an Office Assistant at ABLA, each affirmed 31 July 2025; and

5. an affidavit of Anna-Maria Wade, the Chief of People & Culture at Royal Freemasons' Benevolent Institution, affirmed 31 July 2025;

6. an affidavit of Craig Bosworth, the Chief Strategy and Community Affairs Officer at Bendigo Health, affirmed 30 July 2025 (Bosworth Affidavit);

7. written submissions of Alana Rafter in respect of each application filed on 4 August 2025 pursuant to the order of Taylor J, President dated 23 July 2025.

3. At the hearing on 7 August 2025, Taylor J, President communicated the Commission’s intention to consider each application on the papers, and issue a judgment in chambers.

4. For the reasons that follow, pursuant to s 227 of the Act, we cancel the registrations of the Aged & Community Services Organisation and the Leading Age Services Organisation on the ground that each is defunct.

Background

The Aged & Community Services Organisation

5. On 11 February 1991, the Aged & Community Services Organisation was registered as an organisation of employers under the Industrial Relations Act 1988 (Cth). [1] At registration its name was “Voluntary Care Association of NSW and ACT Inc”. [2]

   1. This Act is now titled the Fair Work (Registered Organisations) Act 2009 (Cth) (the Commonwealth Act).

   2. Voluntary Care Association of New South Wales and Australian Capital Territory Inc (1991) 2 CAR 109; [1991] CthArbRp 101 at 109.

6. The name of the Aged & Community Services Organisation was changed twice prior to its registration under the IR Act:

1. on 27 September 1991, to “Aged Services Association of NSW & ACT”; and

2. on 13 September 2001, to “Aged & Community Services Association of NSW & ACT Incorporated”, being its present name in the register of industrial organisations kept for the purpose of the IR Act.

7. On 14 March 2003, the Aged & Community Services Organisation was registered as a federal industrial organisation of employers under Ch 5 of the IR Act.

8. On 25 November 2013, the Aged & Community Services Organisation registered as a company limited by guarantee under the Corporations Act 2001 (Cth). The Aged & Community Services Organisation was registered under the Corporations Act with the name “Aged & Community Services NSW & ACT”.

9. Consequently, on 9 December 2013, the Aged & Community Services Organisation applied to the Fair Work Commission to change its name to reflect its new name under the Corporations Act. [3] On 24 March 2014, Vice President Hatcher ordered that the name of the Aged & Community Services Organisation be changed to “Aged & Community Services NSW & ACT”. [4] However, the Aged & Community Services Organisation’s name was never updated in the register kept for the purpose of the IR Act, although its new constitution and annual reports were provided to the Industrial Registrar in 2015.

   3. Application/Notification by Aged & Community Services Association of NSW & ACT Incorporated (133N) [2014] FWC 1310 at [1].

   4. Application/Notification by Aged & Community Services Association of NSW & ACT Incorporated (133N) [2014] FWC 1310 at [7].

10. In 2015, the various state and territory-level industrial organisations operating under the “Aged & Community Services” brand agreed to centralise their operations into, and establish, a single national organisation. Consequently, on 17 December 2015, Aged & Community Services Australia (the Aged Peak Body) was incorporated as a company limited by guarantee.

11. The Aged & Community Services Organisation appeared in the State Wage Cases in 2015, 2016, and 2017. It ceased to appear in industrial proceedings after 2017 and the Aged Peak Body appeared instead.

12. Between January to July 2017, Craig Bosworth was appointed by the Aged & Community Services Organisation to be its Interim CEO to, among other things, “analyse, restructure and transition [the Aged & Community Services Organisation] into a national industry peak organisation”. [5]

    5. Bosworth Affidavit at [13(a)].

13. Mr Bosworth gave the following evidence as to events that occurred during his tenure as Interim CEO:

1. The Aged & Community Services Organisation transferred its “net assets (after liabilities) to [the Aged Peak Body]”, including the “the tangible assets, contracts liabilities, and any intellectual property or service rights”. This transfer was affected in accordance with the Aged & Community Services Organisation’s constitution and accompanied by legal and financial due diligence. After this transfer, the Aged & Community Services Organisation ceased to hold assets.

2. The members of the Aged & Community Services Organisation transferred to the Aged Peak Body.

3. The Board of the Aged & Community Services Organisation was dissolved, leaving no officeholders of the Aged & Community Services Organisation.

4. The Aged & Community Services Organisation “became an organisational arm or NSW division of [the Aged Peak Body]. It no longer existed as an independent entity”. [6]

5. The Aged & Community Services Organisation complied with its obligations under the IR Act.

6. The Aged & Community Services Organisation did not hold any elections.

   6. Bosworth Affidavit at [36].

14. On 6 April 2017, the Fair Work Commission made two decisions:

1. registering the Aged Peak Body (on its own application) as an organisation under the Commonwealth Act; [7] and

2. cancelling the registration of the Aged & Community Services Organisation (on its own application) under the Commonwealth Act. [8]

   7. Application/Notification by Aged and Community Services Australia [2017] FWC 1947 at [9].

   8. Application/Notification by Aged & Community Services NSW & ACT [2017] FWC 1967 at [8].

15. At the hearing of the above proceedings before the Fair Work Commission, the Aged & Community Services Organisation described its application as follows (emphasis added):

“At the moment we have [the Aged Peak Body], Aged and Community Services National, and then there’s four state entities, of which [the Aged & Community Services Organisation] is one. They’ve all been working together under a federated model and then they agreed a while ago to form a new national entity and then the state and the national entities would be de-registered or wind up and close up business”.

16. Subsequently, the Aged & Community Services Organisation:

1. on 6 December 2017, cancelled its GST registration;

2. on 20 January 2018, voluntarily revoked its status as a charity;

3. on 19 November 2018, cancelled its Australian Business Number;

4. on 22 February 2019, was deregistered under the Corporations Act.

17. The Aged & Community Services Organisation existed as an incorporated entity by virtue of the incorporation provisions in the Commonwealth Act [9] and/or the Corporations Act. [10] Only state industrial organisations are incorporated by registration under the IR Act. Accordingly, on 22 February 2019, the Aged & Community Services Organisation ceased to exist as a body corporate.

    9. Commonwealth Act s 27.

    10. Corporations Act s 119.

18. No application was then made to cancel the registration of the Aged & Community Services Organisation or to register the Aged Peak Body under the IR Act.

The Leading Age Services Organisation

19. On 3 February 1994, the Leading Age Services Organisation was registered as a state industrial organisation under the Act. At registration, the Leading Age Services Organisation’s name was "The Extended Care Industry Industrial Secretariat, New South Wales Branch". At registration, the Leading Age Services Organisation was a state branch of the Extended Care Industry Industrial Secretariat.

20. The Leading Age Services Organisation’s name changed three times since its initial registration:

1. on 22 March 1996, to "Australian Nursing Homes and Extended Care Association (New South Wales)";

2. on 2 June 2005, to "Aged Care Association Australia – NSW”; and

3. on 11 July 2012, to “Leading Age Services Australia NSW-ACT”, being its present name in the register of industrial organisations kept for the purpose of the IR Act.

21. The Leading Age Services Organisation’s most recent name change was in response to an agreement reached among several state and territory-level organisations to merge and establish a unified peak body for providers in the aged care sector. This involved:

1. each of the state and territory-level organisations changing its name to adopt the “Leading Age Services” brand; and

2. on 17 April 2012, the incorporation as a company limited by guarantee of Leading Age Services Australia Ltd (the Leading Peak Body).

22. The Leading Peak Body was not registered under the Commonwealth Act nor the IR Act.

23. Ageing Australia informs the Commission that each of the several state and territory-level organisations under the “Leading Age Services” brand, including the Leading Age Services Organisation were to be deregistered and their operations unified into the Leading Peak Body. Other state and territory-level organisations were deregistered following the creation of the Leading Peak Body, but the Leading Age Services Organisation remained in existence.

24. However, prior to the unification of each of the state and territory-level organisations under the “Leading Age Services” brand into the Leading Peak Body, the Leading Peak Body would jointly appear with each of those state and territory-level organisations. For example, the first listed respondent in Application by Australian Municipal, Administrative, Clerical and Services Union [11] was the “Aged Care Employers”, a group of entities including, among others, the Leading Peak Body, the Leading Age Services Organisation, and several state and territory-level organisations that adopted the “Leading Age Services” brand.

    11. [2014] FWCFB 379 at [17].

25. Ageing Australia informs the Commission that the last industrial activity it can identify that was undertaken by the Leading Age Services Organisation was in 2016 in the Fair Work Commission’s 4 yearly review of modern awards. [12] On 25 November 2014, the Leading Age Services Organisation filed an appearance in that proceeding. In a decision in that proceeding on 10 October 2016, the Fair Work Commission referred to a group described as the “Aged Care Employers”. The “Aged Care Employers” had made joint submissions to the Fair Work Commission. That group included, among others, the Leading Age Services Organisation and the Leading Peak Body, and several state and territory-level organisations that adopted the “Leading Age Services” brand. [13] By the time of the Fair Work Commission’s decision in that proceeding on 3 December 2018, the “Aged Care Employers” included the Leading Peak Body, but did not include the Leading Age Services Organisation nor any state and territory-level organisation that had adopted the “Leading Age Services” brand.

    12. 4 yearly review of modern awards-Group 2 [2016] FWCFB 7254.

    13. [2016] FWCFB 7254 at 48.

26. Ageing Australia informs the Commission that the Leading Age Services Organisation’s last appearance in a proceeding that it can identify was in 2016 in Leading Age Services Australia NSW-ACT, [14] where Walton J made orders in respect of invalidities that had occurred in connection with the alteration of the Leading Age Services Organisation’s rules on terms of office and the filling of casual vacancies.

    14. [2016] NSWIC 7.

27. The Leading Age Services Organisation’s GST registration was cancelled effective from 1 January 2017.

28. The Leading Age Services Organisation’s Australian Business Number was cancelled effective from 30 June 2017.

29. Ageing Australia informs the Commission that, from 2016, the Leading Age Services Organisation operated as a division of the Leading Peak Body, and ceased operating as a separate employer membership organisation.

30. Ageing Australia contends that the Leading Age Services Organisation transferred its assets and its members to the Leading Peak Body during the period following the creation of the Leading Peak Body. Ageing Australia puts this on the basis of:

1. the history of the Leading Age Services Organisation, that is, its rebrand to “Leading Age Services”, and its participation with several other organisations to create the Leading Peak Body;

2. the records of several other state and territory-level organisations which rebranded and subsequently deregistered;

3. the joint appearances of the Leading Age Services Organisation with the Leading Peak Body, which ceased in or about 2016;

4. the ongoing representation of the interests of the members of the Leading Age Services Organisation by the Leading Peak Body (i.e., implying that the Leading Peak Body took over the representation of the members of the Leading Age Services Organisation); and

5. the cancellation of the Leading Age Services Organisation’s GST registration and Australian Business Number.

31. Claire Bosworth, formerly the Manager, Employment Relations at the Leading Peak Body between January 2020 and September 2022 (now Head of Workplace Relations at Ageing Australia), gave evidence of behalf of Ageing Australia that:

1. when she commenced at the Leading Peak Body, “[the Leading Age Services Organisation] no longer existed as an employer association … Rather, [the Leading Peak Body] was a national employer association that had members across the country, including members in NSW”; [15]

   15. Affidavit of Claire Bailey affirmed 1 August 2025 in respect of the Leading Age Services Organisation at [18].

2. the Leading Peak Body had offices in most states, including in NSW;

3. she does not have a copy of the Leading Age Services Organisation’s rules;

4. she is unaware if the Leading Age Services Organisation was wound down in accordance with its rules;

5. the Leading Age Services Organisation does not have any current members;

6. the Leading Age Services Organisation is not engaging in any industrial relations activities;

7. the Leading Age Services Organisation no longer occupies office space at Level 8, 418A Elizabeth Street, Surry Hills, NSW, 2010;

8. the website previously maintained by the Leading Age Services Organisation is no longer in operation;

9. no steps were taken for the Leading Age Services Organisation to hold elections or file records with the Industrial Registrar during her tenure;

10. she is not aware of the last occasion on which the Leading Age Services Organisation filed records with the Industrial Registrar; and

11. the last known President of the Leading Age Services Organisation was Robert Orie.

32. Separately, on 18 September 2014, the Fair Work Commission cancelled the registration of the Extended Care Industry Industrial Secretariat on the ground that it was defunct. [16] As set out above, this was the national industrial organisation of which the Leading Age Services Organisation was a state branch at the time of its registration.

    16. Re Extended Care Industry Industrial Secretariat [2015] FWC 5904 at [7].

Ageing Australia

33. From 2016, there were two peak bodies operating in the aged care sector, being the Aged Peak Body, and the Leading Peak Body. These peak bodies were competitors.

34. On 29 April 2022, the Aged Peak Body and the Leading Peak Body each held a special general meeting. During each meeting, each organisation voted to merge into a newly established aged care industry association, being Ageing Australia.

35. Consequently, on 3 May 2022, Ageing Australia was registered as a company limited by guarantee.

36. On 19 December 2022, the Aged Peak Body and the Leading Peak Body each entered into a deed with Ageing Australia for the transfer of each organisations assets, members, and liabilities to Ageing Australia for no consideration.

33. On 6 July 2025, the Aged Peak Body and the Leading Peak Body were each deregistered.

34. Ageing Australia has not registered as an organisation under either the Commonwealth Act or the IR Act.

35. Ageing Australia submits that the effect of the above is that it has taken over the operations, assets, liabilities, and members of each of the Aged & Community Services Organisation and the Leading Age Services Organisation.

Relevant principles

40. Chapter 5 of the IR Act deals with the regulation of industrial organisations in NSW. Chapter 5 of the IR Act grants the Commission important supervisory powers with respect to industrial organisations. For example, the Commission is empowered to:

1. register organisations (upon which State organisations will be incorporated); [17]

   17. IR Act Ch 5, Pt 3, Div 1.

2. cancel, alter the rules of, or suspend an organisation (including on the Commission’s own initiative); [18]

   18. IR Act Ch 5, Pt 3, Div 2.

3. grant exemptions in respect of requirements for elections held by State organisations; [19]

   19. IR Act s 240.

4. permit the alterations of the rules of a State organisation; [20]

   20. IR Act s 245.

5. declare that the rules of a State organisation contravene the requirements set out in the IR Act; [21]

   21. IR Act s 247.

6. direct that a person performs or observes the rules of a State organisation; [22]

   22. IR Act s 248.

7. inquire into and make various orders in respect of irregularities in an election held by a State organisation; [23]

   23. IR Act Ch 5, Pt 4, Div 3.

8. enforce the membership provisions in the IR Act (e.g., order that an applicant be admitted as a member of a State organisation); [24]

   24. IR Act s 266.

9. deal with proceedings in respect of the breach of the duties and liabilities owed by officers of State organisations; [25]

   25. IR Act Ch 5, Pt 4, Div 6.

10. grant or refuse disqualified persons leave to hold office in State organisations; [26]

11. make orders validating certain acts done by State organisations; [27]

12. order the reconstitution of, or appointment of an administrator to, a State organisation; [28]

13. initiate elections for the officers of a State organisation; and [29]

14. make demarcation orders in respect of an industrial organisation. [30]

    26. IR Act s 274.

    27. IR Act s 287

    28. IR Act s 290B

    29. IR Act s 290E

    30. IR Act Ch 5, Pt 6.

41. Chapter 5 of the IR Act also places various obligations on industrial organisations. For example, industrial organisations are required to keep and lodge various records once a year with the Industrial Registrar. [31]

    31. IR Act ss 278, 292.

42. The above history demonstrates that the two organisations have been defunct for some years. While these applications to cancel the registration of each of the Aged & Community Services Organisation and the Leading Age Services Organisation ought to have been made much earlier it is nevertheless commendable that they have now been made. It is undesirable that defunct industrial organisations, that are no longer complying with their statutory obligations and no longer representing industrial interests, remain registered.

43. Our consideration of these applications has been able to be completed efficiently and on the papers because the Commission was provided with affidavits that provided the following evidence, to the extent it was available:

1. proof of service of the application for cancellation and the notice of listing of any hearing before the Commission on the industrial organisation and its last known office holders;

2. the rules of the industrial organisation;

3. whether the industrial organisation resolved in accordance with its rules to approve of the application for cancellation;

4. whether the office-holders (or last known office-holders) of the industrial organisation approve of the application for cancellation;

5. whether the industrial organisation has been complying with its obligations under the IR Act to file its records with the Industrial Registrar and hold elections, and if not when it last did so;

6. whether the industrial organisation is engaging in any industrial relations activities (or any activity), and if not, when it last engaged in such activity;

7. whether the industrial organisation has any members;

8. the steps that have been taken by the members of the industrial organisations to approve of the application for cancellation;

9. if the industrial organisation does have existing members, whether those members would suffer any disadvantage from cancellation;

10. whether notice has been given to any interested persons, or if there has been any public advertisement of the application for cancellation;

11. a statement of the assets and liabilities of the industrial organisation; and

12. the consequences of cancellation on the assets and liabilities of the industrial organisation.

44. We provide that list for the benefit of future applicants for the cancellation of the registration of industrial organisations which should ensure, to the extent possible, that evidence of the above matters is before the Commission. To the extent evidence is unable to be provided of the above matters, the reason why that evidence cannot be provided should be explained.

45. Division 2 of Part 3 of Chapter 5 of the IR Act sets out the circumstances in which the Commission may cancel the registration of an industrial organisation. Relevantly:

1. with the Commission’s leave, a person with “sufficient interest in the matter” may apply to cancel the registration of an industrial organisation; [32]

2. the Commission may cancel the registration of an industrial organisation if it “considers that a ground for cancellation has been established”; [33]

3. the registration of an industrial organisation may be cancelled on the ground “that the organisation is defunct”; [34] and

4. the industrial organisation to be cancelled “must be given an opportunity to be heard by the Commission in any proceedings against” it. [35]

   32. IR Act s 225(1).

   33. IR Act s 227(1)

   34. IR Act s 226(g)

   35. IR Act s 225(4)

46. An application for the cancellation of the registration of an industrial organisation is required to be heard by a Full Bench of the Commission in Court Session. [36]

    36. IR Act s 153(2).

47. “Defunct” is not defined in the IR Act. “Defunct” carries its ordinary meaning, that is, “no longer operative; not in use”. [37]

    37. Macquarie Dictionary, online ed, accessed 14 August 2025, “defunct” (def 2); Registrar v Master Hairdressers' Association of Western Australia Industrial Union of Employers [2004] WAIRComm 11936 at [16]; Re Motor Inn, Motel and Accommodation Association [2015] FWC 25 at [35].

48. The Commission and the Supreme Court of NSW have previously found that one or more of the following circumstances support a finding that an industrial organisation is defunct:

1. it has wound up in accordance with its rules and transferred its assets to another entity; [38]

   38. The Newcastle Master Builders' Association [2023] NSWSC 868 at [7], [35].

2. it no longer has any assets and liabilities; [39]

   39. The Newcastle Master Builders' Association [2023] NSWSC 868 at [35]; Re: Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6 at [13].

3. it no longer has any effective industrial or other function; [40]

4. it has failed to respond to correspondence from the Industrial Registrar; [41]

5. it has failed to lodge records returns with the Industrial Registrar; [42]

6. it has failed to conduct elections; [43] and

7. it is no longer operative or has no prospect of ever being operative again (e.g., by reference to holding no elections, no meetings of governing bodies, or no members). [44]

   40. The Newcastle Master Builders' Association [2023] NSWSC 868 at [35].

   41. Employers Association of Beauty Therapy (N.S.W) [2007] NSWIRComm 147 at [22], citing Re The Australian Workers' Union [1979] AR (NSW) 544 at 552-554.

   42. The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136 at [25]; Employers Association of Beauty Therapy (N.S.W) [2007] NSWIRComm 147 at [22], citing The Australian Workers' Union [1979] AR (NSW) 544 at 552-554; Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6 at [13]

   43. The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136 at [25]; Employers Association of Beauty Therapy (N.S.W) [2007] NSWIRComm 147 at [22], citing The Australian Workers' Union [1979] AR (NSW) 544 at 552 - 554; Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6 at [13].

   44. The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136 at [25]; Employers Association of Beauty Therapy (N.S.W) [2007] NSWIRComm 147 at [22], citing The Australian Workers' Union [1979] AR (NSW) 544 at 552 - 554; Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6 at [13].

49. For the reasons that follow, we are satisfied that:

1. Ageing Australia has a sufficient interest in these matters pursuant to s 225(1) of the IR Act;

2. each Organisation has been given an opportunity to heard pursuant to s 225(4) of the IR Act; and

3. a ground to cancel each Organisation’s registration has been established, namely, that each Organisation is defunct.

Consideration

Sufficient interest

50. We are satisfied that that Ageing Australia has sufficient interest in these matters pursuant to s 225(1) of the IR Act because it is the successor of the interests, members, and assets of each Organisation.

51. As the above summary of the evidence demonstrates, succession was brought in two stages. First, the Aged Peak Body and the Leading Peak Body were established to take over the various state and territory-level organisations including each Organisation. Second, Ageing Australia was established to take over the Aged Peak Body and the Leading Peak Body.

52. Accordingly, we grant leave for Ageing Australia to make each application pursuant to s 225(1) of the IR Act.

Opportunity to be heard

53. We are satisfied that each Organisation has been given the opportunity to be heard pursuant to s 225(4) of the IR Act.

54. Ageing Australia has taken the following steps to give each Organisation the opportunity to be heard:

1. the application for cancellation of the Aged & Community Services Organisation, together with the listing details for the hearing before the Commission on 7 August 2025, was sent by post to the registered address of the Aged & Community Services Organisation, the PO Box of the Aged & Community Services Organisation and to Craig Bosworth (the former CEO of the Aged & Community Services Organisation), and by email to Raad Richards (a former Board Member of the Aged & Community Services Organisation) and Craig Bosworth (the former CEO of the Aged & Community Services Organisation);

2. the application for cancellation of the Leading Age Services Organisation, together with the listing details for the hearing before the Commission on 7 August 2025, was sent by post to the registered address of the Leading Age Services Organisation and by post and email to Robert Orie (the last known President of the Leading Age Services Organisation); and

3. information about each application and the listing details for the hearing before the Commission on 7 August 2025 was published in the Sydney Morning Herald.

55. In respect of these steps, Mr Bosworth confirmed receipt of the application and that he would not seek to be heard by the Commission. Otherwise, Ageing Australia received no response to the above steps.

56. No person sought to appear at the hearing before the Commission on 7 August 2025. Ms Rafter, solicitor for Ageing Australia, informed the Commission on that occasion that she was not aware of any person who has an interest or wishes to be heard with respect to these matters.

57. We are satisfied that the requirement in s 225(4) of the IR Act has been fulfilled.

Each Organisation is defunct

The Aged & Community Services Organisation

58. We are satisfied that the Aged & Community Services Organisation is defunct for the following reasons.

59. First, it no longer exists as a body corporate under either the Commonwealth Act or the Corporations Act. This was brought about by the cancellation of its registration under the Commonwealth Act by the Fair Work Commission and its deregistration under the Corporations Act.

60. Secondly, it no longer has assets, liabilities, or members, having transferred each of these to the Aged Peak Body (which in turn were transferred to Ageing Australia).

61. Thirdly, its functions and operations were taken over by the Aged Peak Body.

62. Fourthly, it no longer conducts elections or lodges records with the Industrial Registrar. Its last records were lodged in 2015.

63. Fifthly, it no longer has any effective industrial function, its functions being taken over by the Aged Peak Body (and in turn Ageing Australia).

The Leading Age Services Organisation

64. We are satisfied that the Leading Age Services Organisation is defunct for the following reasons.

65. First, the functions of the Leading Age Services Organisation were taken over by the Leading Peak Body (and in turn taken over by Ageing Australia). The Leading Age Services Organisation agreed to merge with several state and territory-level organisations into the Leading Peak Body. The Leading Age Services Organisation ceased to appear in industrial matters concerning the aged care sector. Existing appearances were replaced by the Leading Peak Body.

66. Secondly, the Leading Age Services Organisation has no office holders.

67. Thirdly, the Leading Age Services Organisation has not engaged in industrial activity since 2016. The Leading Age Services Organisation has no effective function.

68. Fourthly, the Leading Age Services Organisation has not held elections or lodged records with the Industrial Registrar since, at least, 2020.

69. Unlike with the Aged & Community Services Organisation, there is no direct evidence before the Commission of the transfer of the Leading Age Services Organisation’s members and assets to the Leading Peak Body. Ms Bailey (formerly Manager, Employment Relations at the Leading Peak Body) gives evidence that on her employment at the Leading Peak Body in January 2020, the Leading Age Services Organisation “no longer existed as an employer association”, instead the Leading Peak Body operated nationally including for members in NSW. On the material that has been able to be put before the Commission, and in the absence of any contradictor, we are content to accept the submission of Ageing Australia that the Commission should infer that the members and assets of the Leading Age Services Organisation were transferred to the Leading Peak Body (and ultimately Ageing Australia) upon the “unification of the LASA State/Territory organisations into the national peak body” in 2016.

Consequences

70. On cancellation, each Organisation ceases to be an industrial organisation under the IR Act. [45] As the Leading Age Services Organisation is a State organisation, it ceases to be a body corporate. [46] However, pursuant to s 228(3) of the IR Act, the Leading Age Services Organisation:

1. does not thereby cease to be an unincorporated organisation; and

2. the Commission may, on application, make orders in relation to its debts and obligations; and

3. its property (if contrary to our understanding, it has any) is the property of the unincorporated organisation and is required to be held and applied for the purposes of the organisation under the rules of the organisation so far as they can still be carried out or observed.

   45. IR Act s 228.

   46. IR Act s 228(3)(a).

71. The Commission may also make other orders as are necessary to give effect to, or in consequence of, the cancellation of the registration of an industrial organisation. [47]

    47. IR Act s 231(1).

72. Given each Organisation has been taken over by Ageing Australia, an organisation with the same broad purpose representing the same types of employers, we are satisfied that it is not necessary to make any ancillary or consequential orders.

Orders

73. We make the following orders:

1. Leave is granted to Aged & Community Care Providers Association Ltd t/as Ageing Australia, pursuant to s 225(1) of the Industrial Relations Act 1996 (NSW), to apply to the Commission for the cancellation of the registration of:

1. Aged & Community Services Association of NSW & ACT Incorporated; and

2. Leading Age Services Australia NSW-ACT.

2. The registration of Aged & Community Services Association of NSW & ACT Incorporated is cancelled, pursuant to s 227(1) of the Industrial Relations Act 1996 (NSW), on the ground that it is defunct.

3. The registration of Leading Age Services Australia NSW-ACT is cancelled, pursuant to s 227(1) of the Industrial Relations Act 1996 (NSW), on the ground that it is defunct.

4. The Industrial Registrar is directed, pursuant to s 232 of the Industrial Relations Act 1996 (NSW), to record the cancellation of the registration of:

1. Aged & Community Services Association of NSW & ACT Incorporated; and

2. Leading Age Services Australia NSW-ACT,

in the register kept for the purpose of Pt 3 of the Industrial Relations Act 1996 (NSW).

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Endnotes

Decision last updated: 20 August 2025