Registration of organisation with only 20 members cancelled
The Western Australian Grain Handling Salaried Officers Association (Union of Workers) (Organisation) is an industrial organisation of employees registered under s 53 of the Industrial Relations Act 1979.
The Organisation’s members were primarily drawn from one employer, CBH Pty Ltd. During the 1990s, the organisation and CBH Pty Ltd were parties to State awards and agreements. However, since the Workplace Relations Act 1996 changes which resulted in CHB Pty Ltd being a national system employer, the State industrial instruments have not been operative and the Commission has had little involvement with the Organisation and its members. This had naturally led to a decline in the Organisation’s membership and activities.
The Organisation applied to the Registrar for the cancellation of its registration due to the significant decline in membership. The Registrar, in turn, made an application to the Commission in Court Session to cancel the Organisation's registration, citing sufficient grounds for doing so.
The grounds included the Organisation's request for cancellation and the fact that its membership was less than 200 members. The Organisation's request was made in the approved form and included a statutory declaration confirming it had 20 financial members. Additionally, a special general meeting was conducted, achieving quorum, and it was unanimously resolved to dissolve the Organisation.
After hearing counsel on behalf of the Registrar and Organisation, the Commission in Court Session made an order to cancel the Organisation's registration effective from 10 December 2024.
The decision can be read here.