[2011] FWA 6868

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Fair Work (Registered Organisations) Act 2009
s.30(1)(c) RO Act - Cancellation of registration on FWA's Own Motion

Striptease Artists Australia Incorporated



Cancellation of registration on Fair Work Australia’s Own Motion - Striptease Artists Australia Incorporated - Fair Work (Registered Organisations) Act 2009 s 30(1)(c)(i).


[1] Striptease Artists Australia Incorporated (‘SAA Inc’) was registered as an organisation under Schedule 1 of the Workplace Relations Act 1996 (‘WR Act’) by the Australian Industrial Relations Commission on 26 June 2002.

[2] With effect from 1 July 2009 all provisions of the WR Act, with the exception of Schedules 1 and 10, were repealed and the WR Act was renamed the Fair Work (Registered Organisations) Act 2009 (‘the RO Act’).

Relevant Legislation

[3] Section 30 of the RO Act is entitled ‘Cancellation of Registration on Technical Grounds, Etc.’. Subsection 30(1) provides:

[4] Sub-section 30(2) requires that before FWA cancels the registration of an organisation under either paragraph 30(1)(b) or (c) it must give the organisation an opportunity to be heard in relation to the application or motion.

[5] If FWA elects to commence a deregistration under paragraph 30(1)(c), the Fair Work (Registered Organisations) Regulations 2009 (‘the RO Regulations’) set out the actions with which FWA must comply in order to satisfy itself that an organisation is defunct. Regulation 36 is entitled ‘Cancellation of Registration of Defunct Organisation’ and provides:


[6] Since 2006 SAA Inc has failed to comply with a number of fundamental requirements set out in the WR Act and subsequently in the RO Act. These include failing to hold elections as prescribed in its rules, failing to lodge annual returns of office holders pursuant to s 233 of the RO Act and failing to lodge financial statements pursuant to s 268 of the RO Act.

[7] Fair Work Australia forwarded a letter dated 18 October 2010 to SAA Inc and separately to each of the last known committee members at their last address recorded with Fair Work Australia which relevantly stated as follows:

[8] Neither a Notice of Objection to the Cancellation nor any form of submission has been received in response to the above letters.

[9] Fair Work Australia consequently undertook enquiries with a view to establishing a current telecommunication or electronic contact or physical address for SAA Inc without success.

[10] On 2 March 2011, the General Manager of Fair Work Australia had published in the Commonwealth of Australia Gazette, edition GN8, a Notice in the following terms:

[11] Neither a Notice of Objection to the Cancellation nor any form of submission has been received in response to the above Notice.


[12] As a result of the above enquiries, I am of the view that Fair Work Australia has satisfied itself in the manner prescribed that SAA Inc is defunct. Accordingly, pursuant to sub-paragraph 30(1)(c)(i) of the RO Act, I will issue and Order cancelling the registration of SAA Inc.


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