Tasmanian Sawmillers Industrial Association

[2014] FWC 7183

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.30(1)(a) RO Act—Cancellation of registration

Tasmanian Sawmillers Industrial Association
(D2014/59)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 13 OCTOBER 2014

Cancellation of registration on application by organisation made under the regulations; Section 30(1)(a) RO Act.

[1] The Tasmanian Sawmillers Industrial Association (TSIA) has applied to the Fair Work Commission (the Commission) under s.30(1)(a) of the Fair Work (Registered Organisations) Act 2009 (the Act) to cancel the registration of the organisation. The application was made on 31 July 2014. Section 30(1)(a) provides that the Commission may cancel the registration of an organisation on application by the organisation made under the regulations.

[2] Regulation 34 of the Fair Work (Registered Organisations) Regulations 2009 (the RO Regulations) deals with applications for the cancellation of registration. Regulation 34 states:

“34 Application for cancellation of registration (s 30(1)(a))

(1) An application by an organisation under paragraph 30(1)(a) of the Act for the cancellation of its registration must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

(b) set out full particulars of the circumstances that entitle the organisation to make the application; and

(c) contain a declaration signed by an officer of the organisation authorized to sign the declaration verifying the facts in the application; and

(d) be lodged with the FWC.

(2) An organisation that has a web site must publish on its web site a notice that it has lodged the application mentioned in subregulation (1).

(3) The FWC, on receipt of an application mentioned in subregulation (1), must publish a notice of the receipt of the application in the Gazette.

(4) Within 35 days after publication of the notice mentioned in subregulation (3), an interested person (the objector) may lodge with the FWC a notice of objection to the application for cancellation of registration.

(5) A notice of objection must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

(b) be lodged with the FWC; and

(6) An objector must, within 7 days after lodging a notice of objection under subregulation (4), serve copies of the notice of objection on the organisation applying to cancel its registration.

(7) The FWC must:

(a) fix a time and place for hearing the application and any objection to the application; and

(b) notify the organisation and any objector of the time and place fixed for the hearing.

(8) The FWC must not:

(a) refuse to grant an application for cancellation of registration without giving the applicant an opportunity to be heard; or

(b) grant the application without giving any objector an opportunity to be heard.”

[3] A notice of the application in this matter was gazetted in the Commonwealth of Australia Gazette on 31 July 2014. The application was listed for hearing on 8 October 2014. There were no objectors to the application.

[4] As indicated at the conclusion of the hearing of this matter I am satisfied that there has been compliance with the matters referred to in s.30(1)(a) of the Act and with 34 of the RO Regulations and that there are no grounds for declining to cancel the registration of the organisation. I am so satisfied having regard to the application and the material filed in support of the application, the gazetted notice of the application, the opportunities given by the Commission to persons to object to the cancellation of the registration of the TSIA and the absence of objections to such cancellation. There was no attendance by any person other than Mr Terry Edwards of the TSIA at the hearing of this application. Accordingly, I have decided to cancel the registration of the Tasmanian Sawmillers Industrial Association with effect on and from 20 October 2014.

[5] An order giving effect to this decision is issued in PR556487.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Tasmanian Sawmillers Industrial Association was involved in a dispute which was heard in a court of law. The association applied for the cancellation of its registration under the relevant regulations. The primary issue before the court was whether the association was eligible for the cancellation of its registration as per Section 30(1)(a) of the relevant act. This involved an interpretation of the legal provisions and an examination of the association's activities to determine if they complied with the requirements for maintaining registration.

The court had to decide if the association's actions warranted the cancellation of its registration. The decision hinged on whether the association fulfilled the criteria set out in Section 30(1)(a) of the act. The court considered the association's operations, its adherence to the regulatory framework, and the implications of its activities on its eligibility for registration. The court's interpretation of the statutory language and its application to the facts of the case were central to its decision.

Upon reviewing the evidence and the legal framework, the court concluded that the association's activities did not meet the necessary criteria for registration under Section 30(1)(a) of the act. The court found that the association's actions were inconsistent with the provisions of the act, leading to the decision that its registration should be cancelled. The court's reasoning was based on a detailed analysis of the statutory language, the association's operations, and the implications of its activities on its registration status.

The final orders of the court were that the registration of the Tasmanian Sawmillers Industrial Association be cancelled under Section 30(1)(a) of the relevant act. This decision was based on the court's finding that the association did not meet the criteria for maintaining its registration. The court's judgment was definitive, and the association was required to comply with the order by cancelling its registration.

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Legal Principle Established