Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:
(a) the conduct of:
(i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or
(ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);
has prevented or hindered the achievement of Parliament's intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or
(b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:
(i) the activities of a federal system employer; or
(ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or
(c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or
(d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:
(i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or
(ii) an order made under the Fair Work Act in relation to a contravention of Part 3 - 1 of that Act (which deals with general protections); or
(iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or
(v) an order made under section 23 (which deals with contraventions of the employee associations provisions); or
(vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).
(1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.
Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.
(2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.
(3) If the Court:
(a) finds that a ground for cancellation set out in the application has been established; and
(b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;
the Court must, subject to subsection (4) and section 29, cancel the registration of the organisation.
(4) If:
(a) the Court finds that a ground for cancellation set out in the application has been established; and
(b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;
the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:
(c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or
(d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151--declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.
(5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.
(6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.
(7) A finding of fact in proceedings:
(a) under section 23 or subsection 131(2) of this Act; or
(b) under Division 4 of Part 3 - 3 or Part 4 - 1 of the Fair Work Act; or
(c) under the Fair Work Act in relation to a contravention of Part 3 - 1 of that Act;
is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d).