Re Aged & Community Services Association of NSW & ACT Incorporated; Re Leading Age Services Australia NSW-ACT [2025] NSWIC 10 (20 August 2025)

(1) Ageing Australia has a sufficient interest in these matters pursuant to s 225(1) of the IR Act;

(2) each Organisation has been given an opportunity to heard pursuant to s 225(4) of the IR Act; and

(3) a ground to cancel each Organisation's registration has been established, namely, that each Organisation is defunct.

1. We are satisfied that that Ageing Australia has sufficient interest in these matters pursuant to s 225(1) of the IR Act because it is the successor of the interests, members, and assets of each Organisation.
2. As the above summary of the evidence demonstrates, succession was brought in two stages. First, the Aged Peak Body and the Leading Peak Body were established to take over the various state and territory-level organisations including each Organisation. Second, Ageing Australia was established to take over the Aged Peak Body and the Leading Peak Body.
3. Accordingly, we grant leave for Ageing Australia to make each application pursuant to s 225(1) of the IR Act.

1. We are satisfied that each Organisation has been given the opportunity to be heard pursuant to s 225(4) of the IR Act.
2. Ageing Australia has taken the following steps to give each Organisation the opportunity to be heard:

(1) the application for cancellation of the Aged & Community Services Organisation, together with the listing details for the hearing before the Commission on 7 August 2025, was sent by post to the registered address of the Aged & Community Services Organisation, the PO Box of the Aged & Community Services Organisation and to Craig Bosworth (the former CEO of the Aged & Community Services Organisation), and by email to Raad Richards (a former Board Member of the Aged & Community Services Organisation) and Craig Bosworth (the former CEO of the Aged & Community Services Organisation);

(2) the application for cancellation of the Leading Age Services Organisation, together with the listing details for the hearing before the Commission on 7 August 2025, was sent by post to the registered address of the Leading Age Services Organisation and by post and email to Robert Orie (the last known President of the Leading Age Services Organisation); and

(3) information about each application and the listing details for the hearing before the Commission on 7 August 2025 was published in the Sydney Morning Herald.

1. In respect of these steps, Mr Bosworth confirmed receipt of the application and that he would not seek to be heard by the Commission. Otherwise, Ageing Australia received no response to the above steps.
2. No person sought to appear at the hearing before the Commission on 7 August 2025. Ms Rafter, solicitor for Ageing Australia, informed the Commission on that occasion that she was not aware of any person who has an interest or wishes to be heard with respect to these matters.
3. We are satisfied that the requirement in s 225(4) of the IR Act has been fulfilled.

1. We are satisfied that the Aged & Community Services Organisation is defunct for the following reasons.
2. First, it no longer exists as a body corporate under either the Commonwealth Act or the Corporations Act. This was brought about by the cancellation of its registration under the Commonwealth Act by the Fair Work Commission and its deregistration under the Corporations Act.
3. Secondly, it no longer has assets, liabilities, or members, having transferred each of these to the Aged Peak Body (which in turn were transferred to Ageing Australia).
4. Thirdly, its functions and operations were taken over by the Aged Peak Body.
5. Fourthly, it no longer conducts elections or lodges records with the Industrial Registrar. Its last records were lodged in 2015.
6. Fifthly, it no longer has any effective industrial function, its functions being taken over by the Aged Peak Body (and in turn Ageing Australia).

1. We are satisfied that the Leading Age Services Organisation is defunct for the following reasons.
2. First, the functions of the Leading Age Services Organisation were taken over by the Leading Peak Body (and in turn taken over by Ageing Australia). The Leading Age Services Organisation agreed to merge with several state and territory-level organisations into the Leading Peak Body. The Leading Age Services Organisation ceased to appear in industrial matters concerning the aged care sector. Existing appearances were replaced by the Leading Peak Body.
3. Secondly, the Leading Age Services Organisation has no office holders.
4. Thirdly, the Leading Age Services Organisation has not engaged in industrial activity since 2016. The Leading Age Services Organisation has no effective function.
5. Fourthly, the Leading Age Services Organisation has not held elections or lodged records with the Industrial Registrar since, at least, 2020.
6. Unlike with the Aged & Community Services Organisation, there is no direct evidence before the Commission of the transfer of the Leading Age Services Organisation's members and assets to the Leading Peak Body. Ms Bailey (formerly Manager, Employment Relations at the Leading Peak Body) gives evidence that on her employment at the Leading Peak Body in January 2020, the Leading Age Services Organisation "no longer existed as an employer association", instead the Leading Peak Body operated nationally including for members in NSW. On the material that has been able to be put before the Commission, and in the absence of any contradictor, we are content to accept the submission of Ageing Australia that the Commission should infer that the members and assets of the Leading Age Services Organisation were transferred to the Leading Peak Body (and ultimately Ageing Australia) upon the "unification of the LASA State/Territory organisations into the national peak body" in 2016.

1. On cancellation, each Organisation ceases to be an industrial organisation under the IR Act.[45] As the Leading Age Services Organisation is a State organisation, it ceases to be a body corporate.[46] However, pursuant to s 228(3) of the IR Act, the Leading Age Services Organisation:

(1) does not thereby cease to be an unincorporated organisation; and

(2) the Commission may, on application, make orders in relation to its debts and obligations; and

(3) its property (if contrary to our understanding, it has any) is the property of the unincorporated organisation and is required to be held and applied for the purposes of the organisation under the rules of the organisation so far as they can still be carried out or observed.

1. The Commission may also make other orders as are necessary to give effect to, or in consequence of, the cancellation of the registration of an industrial organisation.[47]
2. Given each Organisation has been taken over by Ageing Australia, an organisation with the same broad purpose representing the same types of employers, we are satisfied that it is not necessary to make any ancillary or consequential orders.

(1) Leave is granted to Aged & Community Care Providers Association Ltd t/as Ageing Australia, pursuant to s 225(1) of the Industrial Relations Act 1996 (NSW), to apply to the Commission for the cancellation of the registration of:

(a) Aged & Community Services Association of NSW & ACT Incorporated; and

(b) Leading Age Services Australia NSW-ACT.

(2) The registration of Aged & Community Services Association of NSW & ACT Incorporated is cancelled, pursuant to s 227(1) of the Industrial Relations Act 1996 (NSW), on the ground that it is defunct.

(3) The registration of Leading Age Services Australia NSW-ACT is cancelled, pursuant to s 227(1) of the Industrial Relations Act 1996 (NSW), on the ground that it is defunct.

(4) The Industrial Registrar is directed, pursuant to s 232 of the Industrial Relations Act 1996 (NSW), to record the cancellation of the registration of:

(a) Aged & Community Services Association of NSW & ACT Incorporated; and

(b) Leading Age Services Australia NSW-ACT,

in the register kept for the purpose of Pt 3 of the Industrial Relations Act 1996 (NSW).

[1] This Act is now titled the Fair Work (Registered Organisations) Act 2009 (Cth) (the Commonwealth Act).

[2] Voluntary Care Association of New South Wales and Australian Capital Territory Inc (1991) 2 CAR 109; [1991] CthArbRp 101 at 109.

[3] Application/Notification by Aged & Community Services Association of NSW & ACT Incorporated (133N) [2014] FWC 1310 at [1].

[4] Application/Notification by Aged & Community Services Association of NSW & ACT Incorporated (133N) [2014] FWC 1310 at [7].

[7] Application/Notification by Aged and Community Services Australia [2017] FWC 1947 at [9].

[8] Application/Notification by Aged & Community Services NSW & ACT [2017] FWC 1967 at [8].

[10] Corporations Act s 119.

[11] [2014] FWCFB 379 at [17].

[12] 4 yearly review of modern awards-Group 2 [2016] FWCFB 7254.

[14] [2016] NSWIC 7.

[15] Affidavit of Claire Bailey affirmed 1 August 2025 in respect of the Leading Age Services Organisation at [18].

[16] Re Extended Care Industry Industrial Secretariat [2015] FWC 5904 at [7].

[37] Macquarie Dictionary, online ed, accessed 14 August 2025, "defunct" (def 2); Registrar v Master Hairdressers' Association of Western Australia Industrial Union of Employers [2004] WAIRComm 11936 at [16]; Re Motor Inn, Motel and Accommodation Association [2015] FWC 25 at [35].

[38] The Newcastle Master Builders' Association [2023] NSWSC 868 at [7], [35].

[39] The Newcastle Master Builders' Association [2023] NSWSC 868 at [35]; Re: Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6 at [13].

[40] The Newcastle Master Builders' Association [2023] NSWSC 868 at [35].

[41] Employers Association of Beauty Therapy (N.S.W) [2007] NSWIRComm 147 at [22], citing Re The Australian Workers' Union [1979] AR (NSW) 544 at 552-554.

[42] The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136 at [25]; Employers Association of Beauty Therapy (N.S.W) [2007] NSWIRComm 147 at [22], citing The Australian Workers' Union [1979] AR (NSW) 544 at 552-554; Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6 at [13]

[43] The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136 at [25]; Employers Association of Beauty Therapy (N.S.W) [2007] NSWIRComm 147 at [22], citing The Australian Workers' Union [1979] AR (NSW) 544 at 552 - 554; Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6 at [13].

[44] The Australian Commercial Dental Laboratories Association (NSW) [2012] NSWIRComm 136 at [25]; Employers Association of Beauty Therapy (N.S.W) [2007] NSWIRComm 147 at [22], citing The Australian Workers' Union [1979] AR (NSW) 544 at 552 - 554; Printing and Allied Trades Employers Association of New South Wales [2014] NSWIC 6 at [13].