FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 30 Cancellation of registration on technical grounds etc.

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 30

  (1)   The FWC may cancel the registration of an organisation:

  (a)   on application by the organisation made under the regulations; or

  (b)   on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:

  (i)   was registered by mistake; or

  (ii)   is no longer effectively representative of the members who are employers or employees, as the case requires; or

  (iii)   is not free from control by, or improper influence from, a person or body referred to in paragraph   19(1)(b) or 20(1)(b), as the case requires; or

  (iv)   subject to subsection   (6), if the organisation is an enterprise association--the enterprise to which it relates has ceased to exist; or

  (c)   on the FWC's own motion, if:

  (i)   the FWC has satisfied itself, as prescribed, that the organisation is defunct; or

  (ii)   the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or

  (iii)   the organisation is an enterprise association and has fewer than 20 members who are employees; or

  (iv)   the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or

  (v)   the organisation is not, or is no longer, a federally registrable association.

  (2)   Before the FWC cancels the registration of an organisation under:

  (a)   paragraph   (1)(b) on application by a person interested or by the Minister; or

  (b)   paragraph   (1)(c);

the FWC must give the organisation an opportunity to be heard.

  (3)   The FWC may also cancel the registration of an organisation if:

  (a)   the FWC is satisfied that the organisation has breached an undertaking referred to in subsection   19(2); and

  (b)   the FWC does not consider it appropriate to amend the eligibility rules of the organisation under section   157.

  (4)   A cancellation under subsection   (3) may be made:

  (a)   on application by an organisation or person interested; or

  (b)   on application by the Minister; or

  (c)   on FWC's own motion.

  (5)   For the purposes of subparagraph   (1)(b)(iv), the enterprise to which an organisation relates has ceased to exist if:

  (a)   in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise--that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or

  (b)   in the case of an organisation that relates to the whole of the business that constitutes the enterprise--the whole of the business has ceased to exist.

  (6)   Subparagraph   (1)(b)(iv) does not apply if:

  (a)   some or all of the business of the enterprise in question is now conducted by another enterprise; and

  (b)   all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and

  (c)   the FWC is satisfied that the organisation still meets the requirements of subsection   20(1).

The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph   (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph   (1)(b)(iv).