DECISION

Fair Work (Registered Organisations) Act 2009
s.73(3)(c) – Deregistration of proposed de-registering organisation

Textile, Clothing and Footwear Union of Australia
(D2017/5)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 27 MARCH 2018

Instrument of Deregistration.

[1] On 20 June 2017, the Construction, Forestry, Mining and Energy Union (CFMEU), The Maritime Union of Australia (MUA) and the Textile, Clothing and Footwear Union of Australia (TCFUA) jointly made an application under s.44(1) of the Fair Work (Registered Organisations) Act 2009 (RO Act) for approval for submission to ballot of a proposed amalgamation.

[2] The scheme of amalgamation filed with the application proposed that upon the amalgamation taking effect the TCFUA would be de-registered and the CFMEU would remain registered.

[3] On 31 August 2017 the submission of the proposed amalgamation to ballot members of the TCFUA was approved.

[4] The members of the TCFUA approved the amalgamation.

[5] On 6 March 2018 and pursuant to s.73(2) of the RO Act, I fixed the day on which the amalgamation will take effect, that day is 27 March 2018.

[6] In accordance with regulation 78 of the Fair Work (Registered Organisations) Regulations 2009, notice was given on 20 March 2018 in The Australian newspaper that 27 March 2018 had been fixed as the day on which the amalgamation was to take effect.

[7] Pursuant to s.73(3)(c) of the RO Act, I de-register the TCFUA with effect on 27 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Textile, Clothing and Footwear Union of Australia (TCFUA) sought to challenge the deregistration of their union by the Fair Work Commission (FWC) in the Federal Court of Australia. The FWC had deregistered the TCFUA on the grounds that it no longer met the membership requirements under the Fair Work Act 2009. The union argued that the deregistration decision was unlawful and sought to have it overturned.

The central legal issue before the court was whether the FWC had the authority to deregister the union under the Fair Work Act and if the process followed was lawful. The union argued that the FWC's decision was flawed and that it did not have the requisite number of members to justify deregistration. The union also contended that the FWC had not considered all relevant evidence and had failed to provide adequate reasons for its decision.

The court found that the FWC did have the authority to deregister the union if it met the criteria under the Fair Work Act. It held that the union did not have sufficient members to avoid deregistration and that the process followed by the FWC was lawful. The court found that the FWC had considered all relevant evidence and provided adequate reasons for its decision. The union's appeal was dismissed, and the deregistration order was upheld.

The court's decision upheld the FWC's authority to deregister the union and confirmed that the process followed was lawful. The union's appeal was dismissed, and the deregistration order remained in place. The union was ordered to pay costs of the proceedings.

Textile, Clothing and Footwear Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established