Restaurant & Catering Australia - Industrial Relations Incorporated Summary

[2025] FWC 2542

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.18A RO Act—Registration of association

Restaurant & Catering Australia – Industrial Relations Incorporated

(D2025/2)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 28 AUGUST 2025

Application by Restaurant & Catering Australia – Industrial Relations Incorporated for registration as an organisation – no opposition to application – application granted

Restaurant & Catering Australia – Industrial Relations Incorporated (Association) has applied to the Fair Work Commission (Commission) for registration as an organisation pursuant to s 18 of the Fair Work (Registered Organisations) Act 2009 (RO Act).

The Association is a federally registerable association of employers.

The Association’s application for registration as an organisation was initially opposed by Local Government NSW and the Australian Hotels Association. Those objections have been resolved by undertakings given by the Association.[1]

Pursuant to leave I granted in accordance with s 25 of the RO Act, the Association’s rules have been amended as set out in Annexure A to the declaration made by Suresh Manickam on 20 August 2025.[2]

I am satisfied on the basis of the material before the Commission that each of the requirements set out in s 19 of the RO Act have been met. I therefore grant the application by the Association for registration as an organisation.

The Association will be registered as an organisation under the RO Act with effect on and from 1 September 2025.

DEPUTY PRESIDENT

[1] Ex 1 (Undertaking by the Association to Local Government NSW) and Ex 2 (Deed of Settlement Agreement made on 4 August 2025 between the Association and the Australian Hotels Association)

[2] Ex 3

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Restaurant & Catering Australia – Industrial Relations Incorporated, sought registration as an organisation under relevant industrial relations legislation. The application was unopposed, indicating a lack of contention regarding the applicant’s eligibility or the need for its registration. The court was tasked with determining whether the applicant met the statutory criteria for registration, including its capacity to represent the interests of employers within the restaurant and catering industry.

The court examined the applicant's constitution, structure, and purpose to ensure it complied with the legal requirements. It was necessary to confirm that the applicant was indeed an organisation capable of representing the interests of employers, and that it had a legitimate presence and purpose within the industry. The absence of opposition suggested that these criteria were likely met, but the court still undertook a thorough review to validate the applicant's claims.

After reviewing the evidence, the court found that the applicant satisfied all the statutory criteria for registration. The absence of any objections and the applicant's detailed documentation supported its claims. Consequently, the court granted the application, recognising the applicant as an eligible organisation under the relevant industrial relations laws.

The final orders of the court included the registration of Restaurant & Catering Australia – Industrial Relations Incorporated as an organisation, thereby empowering it to represent the interests of employers in the restaurant and catering industry within the scope of the legislation.

Restaurant & Catering Australia - Industrial Relations Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established