[2025] FWC 3101
Citation: [2025] FWC 3101
What happened
The United Nurses of Australia (UNA) applied for registration as an organisation under the Fair Work (Registered Organisations) Act 2009. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) applied to the Fair Work Commission (FWC) to have UNA’s application dismissed, arguing it had no reasonable prospects of success. The UNA claims to represent nurses and midwives. The Commission directed UNA to provide evidence supporting its application, which it failed to do. UNA submitted lengthy emails containing allegations against other unions and arguments about union competition. The FWC considered objections raised by several unions regarding UNA’s membership, rules, and compliance with the Act.
What was decided
The Fair Work Commission dismissed the application for registration by the United Nurses of Australia (UNA). The Commission found that UNA had not met the requirements for registration under the Fair Work (Registered Organisations) Act 2009. The Commission considered arguments from the ANMF and HSU that UNA’s application had no reasonable prospects of success. UNA failed to provide the required evidence and documentation to support its application. The Commission noted UNA’s submissions were lengthy and did not address the core issues.
What it means for employers
Employers should ensure any employee organisations they deal with are properly registered and compliant with the Fair Work (Registered Organisations) Act 2009. This decision highlights the importance of adhering to legal requirements for registration and providing adequate documentation to support applications.
What it means for employees
Employees seeking representation should verify that any proposed organisation is properly registered and meets the legal requirements. This decision underscores the importance of due diligence when considering union representation and the consequences of failing to comply with registration requirements.
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https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3101.pdfWant 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 →