Registered Organisations Commissioner v Transport Workers' Union of Australia [2018] FCA 32

FEDERAL COURT OF AUSTRALIA

Registered Organisations Commissioner v Transport Workers' Union of Australia [2018] FCA 32 File number: NSD 2041 of 2016

Judge: PERRAM J

Date of judgment: 2 February 2018

Catchwords: INDUSTRIAL LAW – civil penalty proceedings – admitted contraventions by Respondent of certain provisions of Fair Work (Registered Organisations) Act 2009 (Cth) – other contested allegations of contravention of statute – consideration of whether contested allegations made out – consideration of appropriate penalty in circumstances STATUTES – Fair Work (Registered Organisations) Act 2009 (Cth) – admitted contraventions of s 231(1) by failing to keep copy of register of members as it stood on 31 December each year in respect of NSW Branch and WA Branch of Respondent STATUTES – Fair Work (Registered Organisations) Act 2009 (Cth) – admitted contraventions of s 172(1) by failing to remove non-financial members from register of members in respect of NSW Branch of Respondent STATUTES – Fair Work (Registered Organisations) Act 2009 (Cth) – contested allegation that Respondent contravened s 231(2) by failing to keep copy of part of register of members comprised of roll of voters in respect of Queensland Branch of Respondent on day before roll closed STATUTES – Fair Work (Registered Organisations) Act 2009 (Cth) – contested allegation that Respondent contravened s 235(2) by failing to make available to Delegate of Applicant copy of part of register of members comprised of roll of voters in respect of Queensland Branch of Respondent on day before roll closed

Legislation: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Competition and Consumer Act 2010 (Cth) s 76E Crimes Act 1914 (Cth) s 4AA Crimes Legislation Amendment (Penalty Unit) Act 2015 (Cth) sch 1, cl 2 Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 (Cth) sch 3, cl 7 Evidence Act 1995 (Cth) s 4(2)(a) Fair Work (Registered Organisations) Act 2009 (Cth) ss 5, 5(3)(b), 5(3)(c), 5(3)(d), 140, 141, 141(1)(b)(xii), 172, 172(1), 230, 230(1), 230(2), 230(2)(b), 231, 231(1), 231(2), 235, 235(2), 236, 305(3), 305(4), 306, 306(1)(a), 308, 315(2), 329(1), 330 Trade Practices Act 1974 (Cth) s 76 Workplace Relations Act 1996 (Cth) schs 1, 1B, ss 172, 172(1) Fair Work (Registered Organisations) Regulations 2009 (Cth) reg 148(1) Industrial Relations Act 1996 (NSW)