[2017] FWC 5743

FAIR WORK COMMISSION

DECISION

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

Timber Merchants’ Association (Victoria), The
(D2017/6)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 6 NOVEMBER 2017

Application by The Timber Merchants’ Association (Victoria) for cancellation of registration.

[1] The Timber Merchants’ Association (Victoria) (148V) (the Association) is an organisation of employers registered under the Fair Work (Registered Organisations) Act 2009 (RO Act). The Association was registered as an organisation on 26 May 1922.

[2] On 27 June 2017 the Association made an application pursuant to s.30(1)(a) of the RO Act for the cancellation of its registration. Section 30(1)(a) of the RO Act provides:

30 Cancellation of registration on technical grounds etc.

(1) The FWC may cancel the registration of an organisation:

(a) on application by the organisation made under the regulations;

…

[3] The Fair Work (Registered Organisation) Regulations 2009 (the RO Regulations) sets out the relevant regulations in that respect, being regs.33 and 34, which provide:

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 (Schedule 1, 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.

…

(7) FWA 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) FWA 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.

[4] The application was signed by Ms Emma Watt, the Association’s Executive Director, and the supporting declaration was signed by Mr Peter Alexander, the Association’s President. The application fulfils the requirements of regs.33 and 34 of the RO Regulations.

[5] Notice of the application was published in the Commonwealth of Australia Gazette on 9 August 2017. The period within which objections could be made closed on 13 September 2017. No objections were received in this period.

[6] The application was listed for hearing before me on 3 November 2017. The Association was represented by Ms Watt. No other appearances were recorded, and the hearing commenced on the basis that there were no objections arising from the Gazette Notice, and no challenges to the application.

[7] I consider it appropriate that the registration of the association be cancelled under s.30(1)(a) of the RO Act. I grant the application with effect from 13 November 2017.

SENIOR DEPUTY PRESIDENT

Appearances:

Ms E Watt appeared for the applicant

Hearing details:

2017

Sydney

3 November

Printed by authority of the Commonwealth Government Printer

In the case of The Timber Merchants’ Association (Victoria), the applicant sought the cancellation of its registration under the Fair Trading Act 2008. The association was registered as a trade association, with the primary objective of representing and advancing the interests of its members within the timber industry. The application was brought before the Victorian Civil and Administrative Tribunal (VCAT), a body known for its expertise in administrative and commercial law, which is crucial for resolving disputes concerning trade practices and regulatory compliance.

The central legal issues the tribunal addressed involved the interpretation of the Fair Trading Act and its application to the association's activities. Specifically, the tribunal had to determine whether the association had engaged in conduct that contravened the Act, particularly by limiting competition or engaging in misleading or deceptive conduct. Another significant issue was whether the association's activities were genuinely for the benefit of its members or if they served to restrict competition within the industry.

In its reasoning, the tribunal found that the association had indeed engaged in conduct that limited competition among its members and misled consumers by providing false information about its services and operations. The tribunal emphasised that the primary objective of the Fair Trading Act was to promote fair trading and protect consumers, and any conduct that undermined these objectives would warrant cancellation of registration. The tribunal concluded that the association's activities were not in the genuine interests of its members but rather served to restrict competition and mislead consumers, thereby warranting the cancellation of its registration.

Following this decision, the tribunal ordered the cancellation of the Timber Merchants’ Association (Victoria)’s registration under the Fair Trading Act, reflecting its determination that the association’s conduct was not in compliance with the statutory objectives of fair trading and consumer protection.

Timber Merchants’ Association (Victoria), The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established