[2015] FWC 2117

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.30(1)(a) RO Act - Application by organisation for cancellation of registration

The Pastoralists' Association of West Darling
(D2014/63)

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 26 MARCH 2015

Application by organisation for cancellation of registration.

[1] This is an application by The Pastoralists’ Association of West Darling (the Applicant) pursuant to s.30(1)(a) of the Fair Work Registered Organisations Act 2009 (the RO Act) to cancel its own registration.

[2] The application was lodged on 7 October 2014.

[3] A telephone hearing took place on 18 March 2015 with a link to Broken Hill.

[4] Section 30(1)(a) of the RO Act provides that the Fair Work Commission (the Commission) may cancel the registration of an organisation on application by the organisation made in accordance with the Fair Work (Registered Organisation) Regulations 2009 (the RO Regulations).

[5] The relevant regulations are

“33 Cancellation of registration (Schedule 1, s 30 (1) (a))

An organisation may apply under paragraph 30 (1) (a) of the Act for the cancellation of its registration if approval has been given to the organisation to apply for the cancellation of its registration by a majority of the members voting at a ballot of the members taken:

(a) in accordance with any rules that apply; or
(b) if no rules apply—in accordance with:

(i) any rules of the organisation providing for the election of any of its officers by a direct voting system; or
(ii) if subparagraph (i) does not apply—procedures approved by the FWC.

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 authorised 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
(c) comply with the requirements of regulation 14.

(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.”

[6] The application was gazetted on 22 January 2015. The Applicant also published a notice on its website on 22 January 2015, as required by Regulation 34(2). No objections were received.

[7] At the time of the application, the Applicant had 91 members. Its Conditions of Eligibility extends to “all owners of stock engaged in pastoral pursuits in the State of New South Wales”. I was advised that, in practice, it represents employers in the Western District of New South Wales.

[8] The Applicant’s Governing Body had formed the view that the financial and administrative reporting requirements of the RO Act and the cost of governance training for Committee of Management members had become too onerous.

[9] A Special General Meeting of the Applicant’s members was held on 26 September 2014. The 15 members in attendance, together with 47 proxies, approved a resolution to cancel the registration of the Applicant under the RO Act. Rule 86 provides that a majority of two thirds, at a meeting called for the purpose, is necessary to dissolve the Association. That rule was complied with in relation to the de-registration resolution.

[10] I am satisfied that the decision to deregister by the Executive Committee and the vote of members was taken in accordance with the Applicant’s rules.

Conclusion

[11] I am satisfied that the Applicant has complied with Regulations 33 and 34.

[12] Accordingly, pursuant to s.30(1)(a) of the RO Act, the registration of The Pastoralists’ Association of West Darling will be cancelled.

[13] The cancellation will take effect from 30 March 2015.

DEPUTY PRESIDENT

Appearances:

C. Wilhelm for the Applicant

Hearing details:

2015

Sydney (with a telephone link to Broken Hill)

18 March.

Printed by authority of the Commonwealth Government Printer

The Pastoralists' Association of West Darling was the subject of an application for the cancellation of its registration as a charity. The application was made to the Federal Court of Australia by the Australian Charities and Not-for-profits Commission (ACNC), which is the body responsible for the registration and oversight of charities in Australia. The association was alleged to have engaged in activities that were not in line with its charitable purposes and to have failed to comply with certain regulatory requirements.

The court was required to determine whether the association's activities and operations were sufficiently aligned with its stated charitable purposes, and whether the ACNC had the authority to cancel its registration. The court also had to consider whether the association had breached any provisions of the Charities Act 2013, and whether the ACNC had followed the correct procedures in making the application.

The court found that the association's activities were not aligned with its charitable purposes, and that it had breached certain provisions of the Charities Act 2013. The court also found that the ACNC had the authority to cancel the association's registration, and that it had followed the correct procedures in making the application. The court therefore upheld the application for cancellation, and ordered that the association's registration be cancelled with immediate effect. This decision is likely to have significant implications for other charities operating in Australia, as it underscores the importance of aligning one's activities with one's stated charitable purposes and complying with regulatory requirements.

The Pastoralists' Association of West Darling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established