General Manager of the Fair Work Commission v Musicians' Union of Australia
Citation: [2016] FCA 302
At a glance
- Penalty
- $180,000
What happened
The Musicians' Union of Australia failed to prepare and provide general purpose financial reports to members as required by legislation. These failures occurred across multiple reporting units (Federal Office, Sydney Branch, Melbourne Branch) and spanned multiple financial years from 2007 to 2011. The union did not prepare reports within the required timeframe or distribute them to members before statutory deadlines, nor did it present them at required general meetings.
What was decided
The court found the union contravened sections 253, 265, and 266 of the Fair Work (Registered Organisations) Act and corresponding provisions of the Workplace Relations Act. The union was ordered to pay multiple penalties of $4,500 per contravention. The operation of penalties was stayed for periods, with some penalties being permanently stayed upon payment of related penalties, creating a total liability in the range of tens of thousands of dollars depending on compliance.
What it means for employers
This case concerns union obligations rather than employer obligations. However, employers dealing with registered organisations should be aware that unions must comply with statutory reporting and financial transparency requirements to their members.
What it means for employees
Members of registered organisations have the right to receive financial reports and information about how their union manages funds. Unions must provide timely, accurate financial reporting to members.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca0302Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections