Restaurant & Catering Industrial

[2022] FWC 698

[2022] FWC 698

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.30(1)(a) RO Act - Application by organisation for cancellation of registration

Restaurant & Catering Industrial

(D2021/11)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 29 MARCH 2022

Application by organisation for cancellation of registration

1. Restaurant & Catering Industrial (RCI) is an organisation registered under the Fair Work (Registered Organisations) Act 2009 (RO Act).

1. On 30 November 2021, RCI made an application pursuant to s 30(1)(a) of the RO Act to the Fair Work Commission (Commission) for the cancellation of its registration (Application). The reasons given by RCI for making the Application are as follows:

1.   Restaurant and Catering Industrial (RCI) has resolved to seek cancellation of

registration because:

a.   Representation of employers (and businesses) in the restaurant, café and catering industry (the Industry) has evolved through two separate but associated organisations; RCI and the Restaurant & Catering Industry Association (RCA).

b.   RCA has moved from a state-based federation model to a unitary national model.

c.   RCA developed as the primary representation body for business in the Industry while RCI remained the ‘industrial arm’ for the industry.

d.   RCI and RCA evolved to operate with common memberships on the basis that membership of RCA provided a direct channel to RCI membership. RCI and RCA therefore have largely commonality of membership.

e.   RCA has undertaken many membership and administrative services for RCI including:

i.General office administration;

ii.Membership administration;

iii.Membership workplace relations advice and information;

iv.Membership Coronavirus Information Hub; and

v.Annual Industry Awards for Excellence.

f.    RCI no longer employs any employees and holds few assets and now relies wholly on RCA for all service delivery at no cost.

g.   Given how RCI and RCA have evolved, RCI is no longer viable to operate as a registered organisation.

h.   Given the common memberships of RCI and RCA it is the intention of the two organisations to seek:

i.i. the cancellation of the registration of RCI; and then

ii.ii. the registration of RCA in place of RCI.

1. In support of the Application, RCI relies on a declaration made by Mr Brien Trippas, Vice President of RCI, on 30 November 2021.

1. No objections were made to the Application.

1. I am satisfied on the basis of the material before the Commission that RCI’s Application for cancellation of its registration was made in accordance with regulations 33 and 34 of the Fair Work (Registered Organisations) Regulations 2009. In relation to regulation 33, I am satisfied that the approval for cancellation of RCI’s registration was obtained from its members at an Annual General Meeting and the rules of RCI which are concerned with the calling and conduct of general meetings of members are rules which apply to the “cancellation of its registration by a majority of members voting at a ballot of the members” within the meaning of regulation 33(a).[1]

1. I consider it appropriate that the registration of RCI be cancelled under s 30(1)(a) of the RO Act. An order to that effect will separately be issued (PR739812).

DEPUTY PRESIDENT

[1] Building Service Contractors’ Association of Australia – Queensland Division, Industrial Organisation of Employers [2016] FWC 6435

Printed by authority of the Commonwealth Government Printer

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