Trustee Corporations Association of Australia

[2012] FWA 8813

[2012] FWA 8813

FAIR WORK AUSTRALIA

DECISION

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

Trustee Corporations Association of Australia
(D2012/214)

SENIOR DEPUTY PRESIDENT ACTON MELBOURNE, 16 OCTOBER 2012

Cancellation of registration on application by organisation made under the regulations - Trustee Corporations Association of Australia.

[1] On 26 February 2012 the Trustee Corporations Association of Australia (TCAA) lodged with Fair Work Australia an application under s.30(1)(a) of the Fair Work (Registered Organisations) Act 2009 (the Act) to cancel the registration of the organisation. Section 30(1)(a) provides that FWA 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 authorised to sign the declaration verifying the facts in the application; and

(d) be lodged with FWA.

(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) FWA, 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 FWA 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 FWA; 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) 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.”

[3] A notice of the application in this matter was gazetted in the Commonwealth of Australia Gazette on 15 August 2012. The application was listed for hearing on 15 October 2012. There were no objectors to the application.

[4] I am satisfied that in this matter there has been sufficient compliance with the matters referred to in s.30(1)(a) of the Act and Regulation 34 of the RO Regulations and that there are no grounds for declining to cancel the registration of the organisation relevant to this matter. I am so satisfied having regard to the application in this matter and the material filed in support of the application, the gazetted notice of the application, the opportunities given by FWA to persons to object to the cancellation of the registration of the TCAA and the absence of objections to such cancellation. Accordingly, I have decided to cancel the registration of the Trustee Corporations Association of Australia on and from 23 October 2012. An order giving effect to my decision is attached as PR530200.

SENIOR DEPUTY PRESIDENT

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