Fair Work (Registered Organisations) Act 2009

A person interested or the Minister may apply to the Federal Court for an order cancelling the recognition under this Schedule of a recognised State‑registered association on the ground that:

the conduct of:

the association (in relation to its continued breach of an order of the FWC or an industrial instrument, or its continued failure to ensure that its members comply with and observe an order of the FWC or an industrial instrument, or in any other respect); or

a substantial number of the members of the association (in relation to their continued breach of an order of the FWC or an industrial instrument, or in any other respect);

the association, or a substantial number of the members of the association or of a section or class of members of the association, has engaged in industrial action (other than protected industrial action) that has, on or after the commencement of this Schedule, prevented, hindered or interfered with:

the activities of a federal system employer; or

the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or

the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have been, or is or are, engaged, on or after the commencement of this Schedule, in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or

the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with one of the following, made on or after the commencement of this Schedule:

an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action);

an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections);

an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraph (i) or (ii);

an order under section 23 of this Act (which deals with contraventions of the employee associations provisions).

The Court must give the association an opportunity to be heard.

If the Court:

finds that a ground for cancellation set out in the application has been established; and

does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the association in relation to the matters;

A finding of fact in:

proceedings commenced on or after the commencement of this Schedule:

under section 421 of the Fair Work Act; or

under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act; or

proceedings under section 23 of this Act;

The FWC may cancel the recognition under this Schedule of a recognised State‑registered association:

on application by the association made under the regulations; or

on application by a person interested or by the Minister, if the FWC has satisfied itself, as prescribed:

that the association was recognised by mistake; or

that the association is no longer a State‑registered association; or

that the association has been found by another industrial body (within the meaning of the Fair Work Act) to have contravened a State or Territory industrial law, and that the contravention constitutes serious misconduct.

The General Manager may, by written instrument, cancel the recognition under this Schedule of a recognised State‑registered association if he or she is satisfied that the association no longer exists.

An instrument under subclause (6) is not a legislative instrument.

The recognition under this Schedule of a recognised State‑registered association is taken to be cancelled if the law of a State under which the association is registered ceases to be a law to which subclause 1(2) applies.