General Manager of the Fair Work Commission v Smyth [2024] FCA 304

Federal Court of Australia

General Manager of the Fair Work Commission v Smyth [2024] FCA 304 File number: QUD 411 of 2021

Judgment of: LOGAN J

Date of judgment: 28 March 2024

Catchwords: INDUSTRIAL LAW – where the applicant applies for declarations of contraventions of the Fair Work (Registered Organisations) Act 2009 (Cth) (FWRO Act) and civil penalties against the respondent, in his capacity as President of the Queensland District Branch of the Construction, Forestry, Maritime, Mining & Energy Union's (the Union) Mining & Energy Division – where the respondent was issued a credit card by the Union – where the Union had a policy and relevant expenditure rules that regulated the use of the credit card – where the respondent had a small, no-interest loan facility with the Union – where any outstanding credit card debits were cleared each month via a banking procedure and were subsequently debited to the respondent's loan facility – where the respondent allegedly did not use the credit card in accordance with the policy over a two year period – whether this credit card usage contravened ss 285, 286 and 287 of the FWRO Act INDUSTRIAL LAW – where, prima facie, some contraventions of ss 285, 286 and 287 of the FWRO Act established on the evidence – where s 320 of the FWRO Act deems that, after a period of four years, acts are taken to have been done in compliance with the rules of an registered industrial organisation – where the applicant made no application under section 321 of the FWRO Act – whether s 320 of the FWRO Act has the effect of retrospectively adjudging that acts done in contravention of the rules are not, in fact, contraventions – proceedings dismissed

Legislation: Conciliation and Arbitration Act 1904 (Cth) ss 171F, 171G Conciliation and Arbitration (Organisations) Act 1974 (Cth) s 16 Corporations Act 2001 (Cth) s 180 Evidence Act 1995 (Cth) ss 140, 144 Fair Work Act 2009 (Cth) Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) ss 5, 285, 286, 287, 315, 320, 321, 329A, 331 Income Tax Assessment Act 1936 (Cth) s 8-1 Income Tax Assessment Act 1997 (Cth) ss 50.1, 50.15 Civil Liability Act 2002 (NSW) s 5B Trade Union Act 1871 (UK) Companies (West Australia) Code s 229