Fair Work (Registered Organisations) Regulations 2009

An application by an organisation under paragraph 30(1)(a) of the Act for the cancellation of its registration must:

be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

set out full particulars of the circumstances that entitle the organisation to make the application; and

contain a declaration signed by an officer of the organisation authorised to sign the declaration verifying the facts in the application; and

be lodged with the FWC.

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).

The FWC, on receipt of an application mentioned in subregulation (1), must publish a notice of the receipt of the application in the Gazette.

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.

A notice of objection must:

be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

be lodged with the FWC; and

comply with the requirements of regulation 14.

An objector must, within 7 days after lodging a notice of objection under subregulation (4), serve copies of the notice of objection on the organisation applying to cancel its registration.

The FWC must:

fix a time and place for hearing the application and any objection to the application; and

notify the organisation and any objector of the time and place fixed for the hearing.

The FWC must not:

refuse to grant an application for cancellation of registration without giving the applicant an opportunity to be heard; or

grant the application without giving any objector an opportunity to be heard.