Federal Court proceedings commence against AHA
29 November 2018
The Registered Organisations Commission has commenced proceedings in the Federal Court against the Australian Hotels Association (AHA) alleging multiple contraventions of the Fair Work (Registered Organisations) Act 2009 (Cth) (RO Act) and its predecessor legislation.
The allegations relate to whether the AHA complied with its statutory obligations to lodge prescribed information and other records required by the RO Act.
The decision to commence Federal Court proceedings follows an investigation commenced by the Commission on 20 October 2017 into the Australian Hotels Association - Queensland Branch.
The Commissioner alleges that the AHA failed to lodge prescribed information (either on time or at all) to enable required elections to be conducted over a period of years, and also failed to notify changes of its office-holders or to ensure its records were complete.
The RO Act aims to ensure that organisations of employers and employees function in a democratic manner. The requirement that every office in an organisation and branch of an organisation is elected is an important element of ensuring democratic control.
The conduct of elections by the Australian Electoral Commission, following the ROC’s assessment of prescribed information lodged by an organisation, is fundamental to upholding the democratic principles underlying registered organisations and in protecting the interests of members.
Similarly, it is important that organisations keep accurate records.
The Commissioner seeks the imposition of civil penalties on the AHA.
The Registered Organisations Commission will be making no further comment at this time.
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