General Manager of the Fair Work Commission v Australian Workers' Union [2023] FCA 1642

Federal Court of Australia

General Manager of the Fair Work Commission v Australian Workers' Union [2023] FCA 1642 File number(s): NSD 992 of 2022

Judgment of: GOODMAN J

Date of judgment: 21 December 2023

Catchwords: EMPLOYMENT AND INDUSTRIAL RELATIONS – admitted contraventions of s 172, 230(1)(a), 230(2)(b), 231(1) and 254 of the Fair Work (Registered Organisations) Act 2009 (Cth) – whether agreed orders should be made – declarations and penalties totalling $290,000 imposed

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth), ss 172, 230, 231, 254, 306, 329

Cases cited: Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commissioner [2020] FCAFC 232; (2020) 283 FCR 404

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 40

Date of hearing: 24 May 2023

Counsel for the Applicant: Mr S Rebikoff and Ms E Smith

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr C J Tran and Ms E Nadon

Solicitor for the Respondent: Maurice Blackburn Lawyers

ORDERS NSD 992 of 2022

BETWEEN: GENERAL MANAGER OF THE FAIR WORK COMMISSION Applicant

AND: THE AUSTRALIAN WORKERS' UNION Respondent

order made by: GOODMAN J DATE OF ORDER: 21 december 2023

THE COURT DECLARES THAT: 1. The respondent contravened section 172 of the Fair Work (Registered Organisations) Act 2009 on 13,950 occasions by failing to remove from its register of members in respect of its Queensland branch the name and postal address of members who had not paid dues for more than 24 months within 12 months of the end of the 24 month period. 2. The respondent contravened section 230(1)(a) of the Act on 6,814 occasions by failing to record in its register of members in respect of its Queensland, South Australian and Greater NSW branches the name and postal address of each member. 3. The respondent contravened section 230(2)(b) of the Act on 6,362 occasions by failing to remove from its register of members in respect of its Queensland branch the name and postal address of ceasing members within 28 days after they ceased to be a member. 4. The respondent contravened section 231(1) of the Act on nine occasions by failing to keep for seven years a copy of its register of members as it stood on 31 December in 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017. 5. The respondent contravened section 254 of the Act on five occasions by failing to accurately report the number of members of the AWU as at 30 June in the operating reports lodged by the National Office of the respondent in 2010, 2011, 2012, 2013 and 2014.