Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commissioner
Citation: [2020] FCAFC 232
At a glance
- Penalty
- $200,000
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) failed to maintain proper records and notify the Fair Work Commission of changes to union offices and office-holders as required by law. Specific contraventions included failure to include a Divisional Trustee position in office lists for 2015 and 2016, and failure to notify 82 changes to office-holder positions within the required 35-day periods. The union's dysfunctional governance structure, with divisions operating autonomously, contributed to the non-compliance.
What was decided
The primary judge imposed a penalty of $445,000. The Applicant appealed, arguing the quantum was manifestly excessive and that the judge erred in applying penalty principles. The Full Court allowed the appeal, finding error in how the judge assessed penalties for multiple contraventions, and reduced the penalty to $200,000.
What it means for employers
Registered organisations (including unions) must maintain careful records of offices and office-holders and notify changes promptly, or face significant pecuniary penalties. Poor organisational structure is not a sufficient defence.
What it means for employees
Employees represented by unions need those organisations to comply with registered organisation requirements, as breaches can result in penalties that affect the organisation's resources.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2020/2020fcafc0232Want 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 →