Industrial Court of New South Wales CITATION: Finance Sector Union of Australia, Commonwealth Bank Officers' Section, New South Wales Branch [2007] NSWIRComm 200 PARTIES: APPLICANT Finance Sector Union of Australia, New South Wales Branch FILE NUMBER(S): IRC 1085 of 2007 CORAM: Walton J Vice-President; Staff J; Backman J CATCHWORDS: Registered organisation - Application by registered organisation for cancellation of its registration - Restructure and reorganisation rendered organisation defunct - Membership and governance of organisation incorporated into another registered organisation - Requirements of Industrial Relations Act met - Application granted LEGISLATION CITED: Industrial Relations Act 1996 Workplace Relations Act 1996 (Cth) HEARING DATES: 9 August 2007 EXTEMPORE JUDGMENT DATE: 9 August 2007 APPLICANT LEGAL REPRESENTATIVES: Solicitor: Mr S Penning Turner Freeman Lawyers JUDGMENT: - 1 - INDUSTRIAL COURT OF NEW SOUTH WALES FULL BENCH CORAM: WALTON J, Vice-President STAFF J BACKMAN J 9 August 2007 Matter No IRC 1085 of 2007 FINANCE SECTOR UNION OF AUSTRALIA, COMMONWEALTH BANK OFFICERS' SECTION, NEW SOUTH WALES BRANCH Application by Finance Sector Union of Australia, New South Wales Branch for cancellation of registration of the Finance Sector Union of Australia, Commonwealth Bank Officers' Section, NSW Branch an Industrial Organisation under s 225(3) of the Industrial Relations Act 1996 JUDGMENT OF THE COURT EX TEMPORE [2007] NSWIRComm 200 1 The Finance Sector Union of Australia, Commonwealth Bank Officers' Section, New South Wales Branch ("the FSU/CBOA"), an industrial organisation of employees, has made application pursuant to s 225(3) of the Industrial Relations Act 1996 ("the Act") to cancel its registration. 2 The relevant statutory provisions are found in Ch 5, Pt 3, Div 2 of the Act - Cancellation of Registration. The grounds upon which the registration of an organisation registered pursuant to the Act may be cancelled are to be found in s 226. The applicant relies upon the terms of s 226(f) and s 226(g), which provide: 226 Grounds on which registration may be cancelled The registration of an industrial organisation may be cancelled on any one or more of the following grounds: ... (f) that the organisation has applied for the cancellation of its own registration, (g) that the organisation is defunct, ... 3 Mr S Penning, solicitor, who appeared for the applicant, relied on an affidavit of Mr Geoff Derrick, the Secretary of the Finance Sector Union of Australia, New South Wales Branch, an organisation registered in accordance with the Act. Mr Derrick deposed that he caused a notice to be published in the Sydney Morning Herald on Saturday 28 July 2007 advising that this application would be heard by the Full Bench of the Court on 9 August 2007. Interested parties were directed to make enquiries to the FSU or the Industrial Registry. Mr Derrick stated that at the time of swearing his affidavit, neither he, nor any other officer or employee of the FSU had received any objection to the application. There was no appearance by any other person in the proceedings today. 4 Mr Derrick further deposed that there is registered under the Workplace Relations Act 1996 (Cth), an Industrial Organisation known as the Finance Sector Union of Australia ("the Federal Organisation"). During 2004 and 2005, proposals were developed within the Federal Organisation for a substantial restructuring of the Organisation and for a subsequent alteration to the Registered Rules of the Federal Organisation to reflect the restructure. This included the full incorporation and amalgamation of the applicant's counterpart Federal body into the structure and governance of the Federal Organisation. Alterations to the Rules of the Federal Organisation which were registered on 2 December 2005, provided for the allocation of members who had previously been part of the Commonwealth Bank Officers' Section, New South Wales Branch of the Federal Organisation being reallocated to the Commonwealth Bank Officers' Section of the Federal Organisation. The Commonwealth Bank Officers' Section, New South Wales Branch of the Federal Organisation ceased to exist. 5 Mr Derrick stated that following the amendments to the Rules of the Federal Organisation, the Finance Sector Union of Australia, New South Wales Branch applied to the New South Wales Industrial Registrar to alter its rules to substantially reflect the changed Federal Organisation structure and governance. On 24 November 2006, the Industrial Registrar approved the alteration to the Rules of the Finance Sector Union of Australia, New South Wales Branch (R06/1379). As a result of the alteration to the Rules pursuant to a decision taken by the Finance Sector Union, New South Wales Branch Executive on 3 May 2007, provision was made for the transfer of membership of persons employed by the Commonwealth Bank of Australia (and the Reserve Bank of Australia) in New South Wales into membership of the Finance Sector Union of Australia, New South Wales Branch,. Members of the FSU/CBOA were given an opportunity to object to the transfer of their membership. There were no objections. 6 On 2 March 2007, the Deputy Industrial Registrar advised the Finance Sector Union of Australia, New South Wales Branch that officers elected to the Federal Organisation may be taken to be validly elected to corresponding offices in the State Organisation. Officers elected within the Finance Sector Union of Australia, New South Wales Branch include persons from the Commonwealth Bank of Australia and the Commonwealth Bank of Australia Enterprise Council. 7 Mr Derrick further deposed that the registration of the FSU/CBOA had been pursuant to s 217(1)(b) of the Act, that is, an organisation of employees that had Federal registration. Mr Derrick stated that the FSU/CBOA does not: (i) own any assets (whether property, money, or otherwise); (ii) maintain separate financial accounts; (iii) have any debts or liabilities; (iv) to the best of his knowledge have any claim, demand or suit against it. 8 Mr Penning also relied upon an affidavit of Mr Nikolaus Beattie sworn 7 August 2007. Mr Beattie deposed that he is the immediate former Secretary of the FSU/CBOA. He currently holds the position of Director, New and Emerging Areas in the Finance Sector Union. Mr Beattie stated that he supported the application and was not aware of any opposition to it. 9 Having considered the material filed in support of the application, together with the submissions made by Mr Penning, we are satisfied that the requirements of the Act have been met regarding the application and that it is in order for us to grant it. As a result of the restructure and reorganisation of the Federal Organisation and the Finance Sector Union of Australia, New South Wales Branch, the FSU/CBOA is now defunct. The organisational changes have resulted in the membership and officers of the FSU/CBOA being incorporated into the membership and governance of the Finance Sector Union of Australia, New South Wales Branch. The matter proceeds before us after adequate public notice and with all relevant reporting obligations having been met. There are no assets to be distributed. The organisation has no debts or liabilities. ORDERS 10 We make the following orders: 1. Pursuant to s 227(1) of the Industrial Relations Act 1996, the registration of the Finance Sector Union of Australia, Commonwealth Bank Officers' Section, New South Wales Branch is cancelled. 2. Order 1 hereof shall take effect on and from seven days after the date of this judgment. ---------------------------------------------- DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.