[2016] FWC 6435

Fair Work (Registered Organisations) Act 2009_

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

Building Service Contractors' Association of Australia - Queensland Division, Industrial Organisation of Employers

Application by organisation for cancellation of registration

[1] The Building Service Contractors' Association of Australia Queensland Division (151Q) (Association) is an organisation of employers in the security, traffic control, cleaning and building services industries in Queensland registered under the Fair Work (Registered Organisations) Act 2009 (RO Act). The Association was registered as an organisation on 1 March 2010.

[2] On 28 June 2016 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 that the Fair Work Commission (the Commission) may cancel the registration of an organisation on application by the organisation made under the Fair Work (Registered Organisation) Regulations 2009 (the RO Regulations). The relevant regulations in that respect are 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:

(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

(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.

[3] In relation to reg.33, the Association's application refers to a vote of members having been taken pursuant to rule 37 of its rules. Rule 37 is concerned with the procedure for the dissolution of the Association, not its deregistration. It may be that the Association wishes also to dissolve itself, but rule 37 is not relevant to passage of a resolution for deregistration only. There is no provision in the Association's rules specifically concerned with deregistration, so the relevant rules for the purpose of reg.33(a) are rules 13-16, which are concerned with the calling and conduct of general meetings of members. It is plain from the information contained in the Association's application that the meeting of members which passed the deregistration resolution was one called for that purpose, so the aspects of those rules concerned with special general meetings are applicable. The relevant requirements that may be derived from those rules are:

● seven days' notice of the meeting must be provided to members (rule 13.2);

● a quorum consisting of 12 members present in person or by proxy, representative or attorney must be present at the start of the meeting (rules 16.1 and 16.3.3);

● resolutions may be decided on a show of hands unless a poll is demanded (rule 16.5);

● a declaration by the chairman that a resolution has been carried on a show of hands that is entered in the minutes is conclusive evidence of the carriage of a resolution without further proof of the persons voting being required (rule 16.6);

● resolutions may be passed by a simple majority of those voting (rule 16.6); and

● persons may vote in person or by proxy, representative or attorney (rule 16.9).

[4] The information contained in the Association's application, which was verified in a declaration made by Kim Puxty, the Association's President, and in an email from the Association's Director, Craig Pollard, dated 18 July 2016, satisfies me that the above requirements were complied with. In particular, the requisite seven days' notice was provided, 12 members attended the meeting (eight in person and four by proxy), and the majority voted in favour of a resolution that the Association's registration be cancelled under s.30(1)(a) of the RO Act. Accordingly the requirement in reg.33(a) is satisfied.

[5] I am further satisfied that the Association's application complied with the requirements of reg.34(1). The Association published a notice on its website that it had lodged its application in accordance with reg.34(2). The Commission published a notice of the receipt of the application in the Gazette on 20 July 2016 in accordance with reg.34(3), and no objections were received within 35 days of publication (or at all) pursuant to reg.34(4).

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

[7] I consider it appropriate that the registration of the Association be cancelled under s.30(1)(a) of the RO Act. An order to that effect will separately be issued (PR588137).

Printed by authority of the Commonwealth Government Printer

var _gaq = _gaq || []; _gaq.push(['_setAccount', 'UA-9592794-1']); _gaq.push(['_trackPageview']); (function() { var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; ga.src = ('https:' == document.location.protocol ? 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); })();