Construction, Forestry, Maritime, Mining and Energy Union v Registered Organisations Commissioner [2019] FCA 435

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Maritime, Mining and Energy Union v Registered Organisations Commissioner [2019] FCA 435 File number: NSD 1829 of 2018

Judge: BROMWICH J

Date of judgment: 2 April 2019

Catchwords: INDUSTRIAL LAW – application pursuant to s 87 of the Fair Work (Registered Organisations) Act 2009 – where certificate authorising consolidated reporting issued to the Waterside Workers Federation of Australia (WWF) under antecedent legislation – where Union successively amalgamated – operation of transitional provisions – whether certificate applicable to division of the appellant – whether certificate revoked by later certificate – held: certificate applies at the level of the whole of the Union

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) Ch 3, Part 6, Div 6 and Div 7; Ch 11, Pt 3A; Ch 8, Pt 3; ss 78, 81, 87, 238, 242, 245, 246, 247, 248, 249, 251, 252, 253, 254 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 22, item 3 Industrial Relations Act 1988 (Cth) Pt IX, Div 11; ss 234, 271 and 253U (repealed) Workplace Relations Act 1996 (Cth) s 271; Sch 1, ss 242, 245, 246, 247; Sch 1B, ss 242, 245, 246, 247 (repealed); Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Sch 14 (repealed) Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 (Cth) Sch 2, item 2 Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002 (Cth) Sch 1, item 1; Sch 2, item 92 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Sch 1, item 264; Sch 5, item 2(2) Fair Work (Registered Organisations) Regulations 2009 Pt 8; reg 154 and reg 157 Revised Explanatory Memorandum, Workplace Relations Amendment (Registration and Accountability of Organisations) Bill 2002 (Cth)