D2014/62, Transcript of Proceedings [2015] FWCTrans 323 (2 June 2015)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1051871

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DEPUTY PRESIDENT GOSTENCNIK

D2014/62

s.30(1)(a) RO Act - Application by organisation for cancellation of registration

Application/Notification by Extended Care Industry Industrial Secretariat
(D2014/62)

Melbourne

10.03 AM, THURSDAY, 14 MAY 2015

PN1

THE DEPUTY PRESIDENT: Yes, good morning, Mr Reid. You're appearing for the applicant.

PN2

MR P REID: Yes, I am.

PN3

THE DEPUTY PRESIDENT: All right. Mr Reid, this application has been referred to me to deal with. The difficulty that I have with the application, I would think, is self-evident. That is that on the material available to me it's not clear to me that the organisation is in fact organised in accordance with its rules to make the application for it to no longer be registered and not only note the steps that have been taken to try and obtain that authorisation and that thus far the organisation has been unable to obtain the relevant authorisation under its rules, because the meetings that it have convened were inchoate.

PN4

So I've listed this matter this meeting to perhaps discuss with you the possibility of skinning this cat via other means.

PN5

MR REID: Yes.

PN6

THE DEPUTY PRESIDENT: All right. Now a cancellation of registration can occur in a number ways, one of which is that the application is made by the organisation, which is the present application. However, section 30 also allows for the Commission in its motion to cancel the registration of an organisation if, amongst other things, the Commission is satisfied that the organisation is defunct.

PN7

Now, the circumstances in which the exercise of that power might occur are set out in the registered organisation's regulations and, in particular, regulation 36. Now, I need to make appropriate inquiries by letter sent to the offices of the organisation and to members of the committee of management about whether the organisation is still operating as an organisation under the Registered Organisations Act and if, following those inquires, I am not able to satisfy myself then I need to publish a note in the Government Gazette indicating that subject to considering the objections that are lodged that at the end of the month, after the publication, the organisation's registration may be cancelled on the ground that it's defunct, and inviting interest to show cause why the organisation should not be cancelled.

PN8

It seems to me prima facie, at least, that given that your organisation isn't capable, presently, of garnering sufficient numbers to attend a meeting and, presumably, it is not providing any other services to members under the rules as such, that it's likely that the organisation is in fact defunct. Is that fair?

PN9

MR REID: Yes, it is, Deputy President. I guess the issue has been exactly that. It was set up for a specified purpose; that purpose is no longer required. So hence in terms of following the Fair Work process, as you said, from the various correspondence we've tried to articulate it, but I guess it is that issue of - - -

PN10

THE DEPUTY PRESIDENT: You've set out in the rules a very high hurdle to meet in terms of - - -

PN11

MR REID: Yes.

PN12

THE DEPUTY PRESIDENT: And understandably so; lots of organisations require more than a simple majority to do certain things and you've made attempts, as I see to try and obtain sufficient support for the dissolution of the organisation, but have thus far been unsuccessful. So Mr Reid, if you are happy for me to proceed down that path, can I ask that you do this: can I ask that you send a letter to my chambers indicating that organisation's desire is to cease to be registered, because in your opinion the organisation is defunct and set out that it is no longer providing any services to members, members failing to attend meetings of the organisation and for all intents and purposes, the organisation is no longer operating as an organisation under its rules.

PN13

Also, if you attach to that a list of the names and addresses of each office holder of the organisation, so throughout I can correspond with them and ask for their opinion about that issue.

PN14

MR REID: Will do.

PN15

THE DEPUTY PRESIDENT: All right. Once I do that I will correspond and then take the other steps that are available to me under the regulations so that ultimately an order can be made deregistering the organisation.

PN16

MR REID: Yes. Thank you, Deputy President. I will do that immediately.

PN17

THE DEPUTY PRESIDENT: All right. Thank you very much for your attendance this morning, Mr Reid. We will proceed on that basis.

PN18

MR REID: Thank you.

PN19

THE DEPUTY PRESIDENT: We'll now adjourn.

ADJOURNED INDEFINITELY [10.10 AM]