Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 30

             (1)  FWA may cancel the registration of an organisation:

                     (a)  on application by the organisation made under the regulations; or

                     (b)  on application by an organisation or person interested or by the Minister, if FWA has satisfied itself, as prescribed, that the organisation:

                              (i)  was registered by mistake; or

                             (ii)  is no longer effectively representative of the members who are employers or employees, as the case requires; or

                            (iii)  is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or

                            (iv)  subject to subsection (6), if the organisation is an enterprise association--the enterprise to which it relates has ceased to exist; or

                     (c)  on FWA's own motion, if:

                              (i)  FWA has satisfied itself, as prescribed, that the organisation is defunct; or

                             (ii)  the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or

                            (iii)  the organisation is an enterprise association and has fewer than 20 members who are employees; or

                            (iv)  the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or

                             (v)  the organisation is not, or is no longer, a federally registrable association.

             (2)  Before FWA cancels the registration of an organisation under:

                     (a)  paragraph (1)(b) on application by a person interested or by the Minister; or

                     (b)  paragraph (1)(c);

FWA must give the organisation an opportunity to be heard.

             (3)  FWA may also cancel the registration of an organisation if:

                     (a)  FWA is satisfied that the organisation has breached an undertaking referred to in subsection 19(2); and

                     (b)  FWA does not consider it appropriate to amend the eligibility rules of the organisation under section 157.

             (4)  A cancellation under subsection (3) may be made:

                     (a)  on application by an organisation or person interested; or

                     (b)  on application by the Minister; or

                     (c)  on FWA's own motion.

             (5)  For the purposes of subparagraph (1)(b)(iv), the enterprise to which an organisation relates has ceased to exist if:

                     (a)  in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise--that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or

                     (b)  in the case of an organisation that relates to the whole of the business that constitutes the enterprise--the whole of the business has ceased to exist.

             (6)  Subparagraph (1)(b)(iv) does not apply if:

                     (a)  some or all of the business of the enterprise in question is now conducted by another enterprise; and

                     (b)  all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and

                     (c)  FWA is satisfied that the organisation still meets the requirements of subsection 20(1).

FWA must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before FWA considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).