TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1057320
DEPUTY PRESIDENT GOSTENCNIK
s.44(1) RO Act - Application for approval for submission of amalgamation to ballot
Application/Notification by United
Voice & National Union of Workers
10.03 AM, TUESDAY, 1 OCTOBER 2019
THE DEPUTY PRESIDENT: Yes, good morning. Yes, Mr Friend?
Mr W FRIEND: Morning, Deputy President, I appear for both the relevant union, United Voice, and, I suppose collectively, for the United Workers Union. Deputy President, you should have received - - -
THE DEPUTY PRESIDENT: Not quite yet.
MR FRIEND: - - - statutory declarations.
THE DEPUTY PRESIDENT: Yes, I have, from Ms Schofield and Mr Richardson. Yes, I have those.
MR FRIEND: Those declarations deal with all the matters which, I suppose, need to be dealt with, indeed to be satisfied of, under section 73(2).
THE DEPUTY PRESIDENT: Yes.
MR FRIEND: Obviously, the period within which an application can be made to the Federal Court has now expired.
THE DEPUTY PRESIDENT: Yes.
MR FRIEND: We have checked with the Federal Court Registry this morning in case something came through last night. If it had, it would have gone onto the electronic system overnight, and there is nothing, so there is nothing to be dealt with.
You have, in the statutory declaration of Ms Schofield made yesterday, a statement that no proceedings, other than civil proceedings, exist against United Voice. Mr Richardson's statement to that effect was made on 26 September, but he has caused, as he promised in the statutory declaration, inquiries to be made yesterday and there is nothing I can inform you in relation to that.
As to paragraph (d) of subsection (2), you will note the last paragraph of Ms Schofield's stat dec giving the relevant undertaking on behalf of the United Workers Union.
The date that the unions seek as amalgamation date to take account of the number of matters that need to be dealt with internally in the interim is 11 November, Deputy President, so an auspicious day.
THE DEPUTY PRESIDENT: Yes, in many respects, and that is a - - -
MR FRIEND: It's a Monday.
THE DEPUTY PRESIDENT: Monday, yes, all right. Yes, is there anything else, Mr Friend?
MR FRIEND: Nothing else, unless there's anything else I can assist you with, your Honour?
THE DEPUTY PRESIDENT: No, thank you.
MR FRIEND: Thank you.
THE DEPUTY PRESIDENT: Thank you, Mr Friend.
I have had the opportunity to review the statutory declarations of Ms Jo-Anne Schofield and Mr Richardson. I have also separately made my own inquiries in relation to any application that might have been made to the Federal Court under section 69 of the Registered Organisations Act and I am satisfied, on the basis of the inquiries that I have made, together with the inquiries that have been made by or on behalf of Ms Schofield and Mr Richardson, as set out in their statutory declarations, that there are no applications that have been made within the time prescribed in section 69 of the Registered Organisations Act and I am also satisfied that the period set out in section 69 has passed.
I am satisfied that there are no proceedings, other than civil proceedings, pending against either United Voice or the National Union of Workers in relation to the various contraventions that are set out in section 73.
I am also satisfied, noting the undertaking given by Ms Schofield set out in paragraph 14 of her statutory declaration of 30 September 2019, that any obligation United Voice or the National Union of Workers has under a law of the Commonwealth that is not fulfilled by the time that the amalgamation takes effect will be regarded by the United Workers Union as an obligation that it is bound to fulfil under the law concerned.
Given that I am satisfied as to the matters set out in section 73(2), I propose to cause an appropriate notice to be issued and, in that notice, there will be a date fixed for the taking of effect of the proposed amalgamation, which will be 11 November 2019.
Mr Friend, on that day, or at least with effect from that day, I also propose to deregister the National Union of Workers.
I will cause the notice to be published with the date - - -
MR FRIEND: It is Regulation 78, Deputy President.
THE DEPUTY PRESIDENT: Yes. With the notice indicating that the date of effect of the amalgamation will be 11 November 2019.
Mr Friend, did you want to deal at all with the section 151 and 152 agreements?
MR FRIEND: I don't have instructions.
THE DEPUTY PRESIDENT: These are agreements with the organisations.
MR FRIEND: Yes. My understanding is, or my instructions are, that United Voice has none and that the National Union of Workers had one but it has been brought to an end, or being brought to an end.
THE DEPUTY PRESIDENT: Yes, all right. I have some correspondence from Mr Richardson and I will just deal with those matters on the papers.
MR FRIEND: From, sorry, who?
THE DEPUTY PRESIDENT: Mr Richardson, about those matters, so I will just deal with those on the papers.
MR FRIEND: Thanks very much.
THE DEPUTY PRESIDENT: Thank you for your attendance. Is there anything else? No?
MR FRIEND: Nothing else.
THE DEPUTY PRESIDENT: Thank you, Mr Friend. We will adjourn.
ADJOURNED INDEFINITELY [10.10 AM]