Registered Organisations Commissioner v Australian Nursing and Midwifery Federation (No 2)
Citation: [2018] FCA 2004
At a glance
- Penalty
- $29,250
What happened
The Australian Nursing and Midwifery Federation's Western Australian Branch failed to prepare and provide financial reports to members for the financial years ending 30 June 2010, 2011, and 2012, as required by the Fair Work (Registered Organisations) Act 2009 (Cth). The Applicant was the Branch Secretary during this period. The branch failed to prepare general purpose financial reports, provide copies of complying reports to members, and present full reports to meetings.
What was decided
The Court found the ANMF contravened sections 253(1), 265(5) and 266(1) of the Fair Work (Registered Organisations) Act by failing to meet statutory reporting obligations for three financial years. The Applicant contravened section 285(1) for failing to discharge his duties with the degree of care and diligence a reasonable person would exercise. Penalties imposed were $4,400 (for 2009-10), $4,400 (for 2010-11), $20,450 (for 2011-12) against the ANMF, and $6,630 against the Applicant.
What it means for employers
Not applicable; this case concerns union governance, not employer compliance with employment laws.
What it means for employees
Union members have a right to receive timely financial reports from their organisation. Union officials have statutory obligations to ensure financial transparency and accountability.
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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 →