s.44(1) RO Act - Application for approval for submission of amalgamation to ballot

Proposed amalgamation of the Printing Industry Association of Australia and the Graphic Arts Services Association of Australia - community of interest declaration - submissions to ballot - exemption from ballot - ss.43, 44 and 46 of the Fair Work (Registered Organisations) Act 2009 - community of interest declared - submissions to ballot approved.

[1] On 9 August 2012, the following applications were lodged with Fair Work Australia (FWA):

• A joint application for approval for the submission to a ballot of a proposed amalgamation between the Printing Industry Association of Australia (PIAA) and the Graphic Arts Services Association of Australia (GASAA) in accordance with s.44 of the Fair Work (Registered Organisations) Act 2009 (RO Act).

• Joint submissions by the PIAA and the GASAA in support of a declaration under s.43 of the RO Act that a community of interest exists between them in relation to their industrial interests.

• An application by the PIAA under s.46 of the RO Act for an exemption from the requirement that a ballot of its members be held in relation to the amalgamation.

[2] Under s.53 of the RO Act I fixed 10.00 am on 28 September 2012 in Sydney as the time, date and place of hearing of the applications. In accordance with s.53(b) of the RO Act, the notice of listing was sent to both organisations. At the hearing on 28 September 2012 Mr C Watson appeared for the PIAA and Mr G Knespal for the GASAA. I am satisfied that there appears to be no other organisations or persons that would potentially have an interest in the applications and would need to be notified of the proposed amalgamation.

[3] I am satisfied that the appropriate decision making body within each of the organisations has carried a resolution under s.42 of the RO Act and has approved the scheme for the proposed amalgamation. This clearly indicates an intention to proceed with the proposed amalgamation of the two organisations. The application for approval for submission of amalgamation to ballot is made under s.44 of the RO Act and it is clear that the organisations are existing organisations concerned in a proposed amalgamation for the purposes of s.43 of the RO Act.

[4] I am satisfied that the s.43 application complies with the requirements of the RO Act and the RO Regulations.

[5] In their submissions supporting the s.43 application, the applicant organisations addressed the matters set out in s.43(6)(a)-(d) of the RO Act.

[6] They submitted that all members of GASAA are eligible to join PIAA and a substantial number of member of PIAA are eligible to join GASAA (s.43(6)(a)) and that there are approximately 60 members who are common members of both of the applicants (s.43(6)(b). The applicant organisations made submissions that a substantial number of members of each of the applicants are covered by the same industrial instruments s.43(6)(c) and members of both applicants are engaged in the same industry and are engaged in the same work or activity as each other (s.43(6)(d)).

[7] In declaring that a community of interest exists between two organisations concerned in a proposed amalgamation, it is enough if FWA is satisfied that one of the criteria in s.43(6) is fulfilled. I am satisfied that the organisations have met the criteria of s.43(6)(a)-(d).

[8] For the above reasons, pursuant to s.43(4) of the RO Act, I am prepared to declare that I am satisfied that, in relation to the proposed amalgamation, there is a community of interest between the PIAA and the GASAA in relation to their industrial interests.

[9] Having considered all the material now before me, I am satisfied:

• that the form of the s.44 application complies with the requirements of the RO Act and the RO Regulations;

• that the PIAA is the host organisation and is authorised to receive service on behalf of the applicant organisations;

• that the committee of management of each of the applicant organisations has approved by resolution the scheme for the proposed amalgamation;

• that each of the documents required to be executed by the applicant organisations has been signed by an officer of the respective organisation authorised to do so;

• that the scheme for amalgamation complies with the requirements of s.40 of the RO Act;

• that there is no proposed alteration of the name of the host organisation; and

• that the proposed de-registration of the GASAA complies with the RO Act and is not otherwise contrary to law.

[10] As I am satisfied that the s.44 application complies with the requirements of the RO Act and the RO Regulations. I will approve the submission of the amalgamation to ballot.

[11] I am satisfied that the application by the PIAA for exemption from ballot under s.46 complies with the requirements of the RO Act and the RO Regulations.

[12] The application states that the PIAA's membership is not less than 1,500, and that the GASAA's membership is not more than 100 on the date of lodgement of the application.

[13] The application also states that at the time of lodgement of the application approximately 60 members of the GASAA were members of the PIAA.

[14] On the basis of the material before me, I am satisfied that the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of , the amalgamation would not exceed 25% of the number of members of the PIAA as at the date the s.46 application was lodged. In addition, there do not appear to be any special circumstances in this case for refusing the exemption. I will, therefore, grant the application for exemption.

1. Pursuant to s.43(4) of the RO Act, I declare that I am satisfied that, in relation to the proposed amalgamation, there is a community of interest between the PIAA and the GASAA (the applicant organisations) in relation to their industrial interests.

2. Pursuant to s.55 of the RO Act, I approve the submission of the proposed amalgamation to ballot.

3. Pursuant to s.63 of the RO Act, I exempt the PIAA from the requirement that a ballot of its members be held in relation to the proposed amalgamation.

4. Pursuant to s.58 of the RO Act, I fix 7 November 2012 as the commencing day of the ballot and 5 December 2012 as the closing day of the ballot.

Mr C Watson appeared for the Printing Industry Association of Australia (GASAA)

Mr G Knespal for the Graphic Arts Services Association of Australia

Printed by authority of the Commonwealth Government Printer