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  • Part 3: Performance
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Regulating registered organisations

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The regulation of registered organisations involves administering the provisions of the Registered Organisations Act that deal with registration and accountability of unions and employer associations. In particular, it involves regulating the finances, financial affairs, rules, elections and the conduct of officers of Australia's 110 federally registered organisations. Reports lodged with the Commission indicate that there are more than 2 million members of federally registered organisations. They also indicate control of more than $2.5 billion in total assets and combined annual revenue in the order of $1.5 billion (see Table 63 in Appendix E).

The Regulatory Compliance Branch (Regulatory Compliance) of the Commission assists the General Manager to administer the Registered Organisations Act and regulate organisations registered under it. Regulatory Compliance also administers the entry permit provisions of the Fair Work Act on behalf of the President of the Commission. This task involves ensuring that the Act's fit and proper person test is appropriately applied to the trade union employees and officials on whose behalf applications are made. The Commission receives between 1,500 and 1,700 applications for entry permits annually.

The Commission's achievements in its regulation of registered organisations during 2015–2016 included:

  • Commencing, conducting and completing a complex investigation involving multiple parties in less than three months
  • Maintaining or improving compliance levels of organisations in key reporting areas compared to last year's record levels (see Table 40, Table 41, Figure 12 and Figure 13)
  • Embedding a risk-based approach to its regulatory functions
  • Rolling out a comprehensive, automated election advisory system, resulting in increased compliance with legislative requirements to lodge prescribed information
  • Contributing to the Australian Government's policy of regulatory reform by reviewing all election-related exemptions issued since the 1980s and considering whether to revoke exemptions either no longer being used or not being used in accordance with legislative requirements
  • Enhancing stakeholder engagement by forming a stakeholder-based Regulatory Compliance Advisory Group and targeted engagement with auditors and training providers
  • Reviewing the membership data reported by all federally registered unions using a range of different methods, from data analysis to site visits
  • Improving transparency through prompt publication of annual returns, financial returns and decisions in relation to elections and rules
  • Making significant progress in responding to work referred to the General Manager by the Trade Union Royal Commission
  • Issuing and publishing an average of 6.1 entry permits and 1.2 formal decisions each working day (see Table 64 and Table 65)

Building capabilities

Historically, the Commission operated more as a registry than a regulator in relation to registered organisations. Prior to the commencement of the Thomson/Health Services Union (HSU) matter in 2009, only one investigation had been conducted by the Commission and its predecessors. This investigation concluded in 1998 with no action taken.

The length of time taken to complete Thomson/HSU investigation (three years in total) led to a fundamental shift of the Commission's regulatory approach towards that of a proactive and strategic regulator. The Commission also began work to develop its organisational capabilities.

The regulatory strategy the Commission has developed and implemented since 2012 is based on:

  • educating registered organisations in order to promote high levels of voluntary compliance
  • auditing registered organisations so as to track compliance levels
  • enforcing compliance obligations where appropriate

This strategy is underpinned by:

  • engaging with registered organisations to better understand inhibitors to and motivators for their compliance, to increase compliance; and
  • adopting a risk-based approach to regulation in order to ensure the Commission focuses on organisations and areas where the risks of non-compliance are greatest

Building staff capability

To deliver its regulatory function, Regulatory Compliance has also focused on increasing its staff capabilities. During 2015–16, the branch built on and consolidated training undertaken since 2012. Several members of Regulatory Compliance undertook an advanced best-practice investigation interviewing course conducted by an RMIT University academic with extensive experience in interviewing techniques.

Training initiatives since 2012 have included the completion by Regulatory Compliance branch members of a Certificate IV in Government (Investigations); and further training in contemporary investigative and interview techniques; and a tertiary-level forensic interviewing master class by a respected academic.

Demonstrating organisational capability

The measures undertaken to increase organisational and staff capabilities are proving effective. Since 2012, the Commission has commenced and completed 29 formal investigations and inquiries.

The following example demonstrates the increased organisational capability of Regulatory Compliance. In the three months from April 2016, Regulatory Compliance:

  • commenced a formal investigation that had been referred from the Trade Union Royal Commission
  • analysed more than 6000 pages of complex, supporting material, including assessing which material, if any, was admissible in civil proceedings
  • interviewed a range of witnesses and completed the investigation
  • made formal findings concerning multiple contraventions
  • obtained legal advice about the prospects of the case being successful in the Federal Court
  • provided a detailed report, following which the General Manager made formal findings leading to the commencement of civil penalty proceedings in the Federal Court against a number of former trade union officials

Building networks

In 2015–16, the Commission continued to build its external networks to further enhance its effectiveness as a regulator.

Since participating in an investigations forum hosted by the Australian Federal Police (AFP) in 2013, Regulatory Compliance staff have continued to build relationships with the AFP and state-based law enforcement agencies in addition to Commonwealth agencies, such as the Fair Work Ombudsman, Fair Work Building and Construction, the Australian Electoral Commission and the Australian Taxation Office. Staff participate in a regulators' 'Community of Practice', a forum in which Commonwealth and state regulators share ideas and promote whole of government approaches.

In addition, Regulatory Compliance engaged with and seconded staff from the Australian Bureau of Statistics and specialist lawyers from a variety of firms to develop in-house legal capability in its niche regulatory field.

Engagement

As noted, engagement with stakeholders underpins the Commission's regulatory strategy. One of the measures undertaken in 2015–16 to enhance stakeholder engagement was establishing a Regulatory Compliance Advisory Group. The group comprises representatives from peak employer and employee organisations as well as regulators, the Fair Work Ombudsman and Fair Work Building and Construction. The Commission has sought feedback from the group on the recommendations of an external review of right of entry training courses. The group's responses will inform steps the Commission takes to enhance training packages.

The Commission regularly engages on a one-to-one basis with registered organisations about compliance requirements. In 2015–2016 the Commission consulted in relation to proposed alterations to rules, financial reporting requirements and election obligations. Staff regularly communicate with registered organisations on the need to safeguard entry permits, ensure the timely return of such permits and provide for appropriate right of entry training. Regulatory Compliance conducted webinars in 2015–2016 on financial reporting and auditing, elections and website changes, thereby providing participants with the opportunity to hear the regulator's perspectives on compliance and provide feedback. Further webinars are planned for 2016–17.

Trade Union Royal Commission referrals

The Trade Union Royal Commission resulted in an unprecedented body of work being referred to the General Manager in 2015–16. There were 30 referrals in total, concerning 16 current and former officials from eight separate trade unions, dealing with matters covering a 10-year period. Trade Union Royal Commission referrals to the Commission represented approximately 60 per cent of all civil referrals from the Trade Union Royal Commission, with the remaining 40 per cent divided among nine other agencies.

The referrals were accompanied by more than 200,000 pages of supporting material, none of which were admissible, on receipt, in any civil or other proceedings the General Manager may initiate.

To assist in its response, Regulatory Compliance recruited specialist legal staff. Due to both this external assistance and improving internal capability, significant progress on this body of work has been made by Regulatory Compliance while simultaneously matching or exceeding performance benchmarks for its other regulatory functions.

Inquiries & investigations

Sections 330 and 331 of the Registered Organisations Act empower the General Manager to conduct inquiries and investigations.

Under s.330, the General Manager may initiate a formal inquiry in relation to Part 3 of Chapter 8 of the Registered Organisations Act (which deals with records, accounts and audit), the associated regulations and reporting guidelines, and the rules of a reporting unit relating to finances or financial administration. The General Manager may also conduct inquiries as to whether a civil penalty provision in the Act has been breached (for example, in relation to the duties of office-bearers).

Under s.331, the General Manager may conduct an investigation into such matters if satisfied that there are reasonable grounds for doing so. An investigation brings with it additional powers to require information to be provided.

In addition to the work referred from the Trade Union Royal Commission, in 2015–16, the Commission initiated four inquiries and three investigations. It concluded a further seven inquiries and three investigations. As at 30 June 2016, three inquiries and four investigations were ongoing.

Table 38: Inquiries and investigations (Chapter 11, Part 4, Registered Organisations Act initiated and closed 2015–2016)
  No. as at 30 June 2015 No. initiated in 2015–16 No. closed 2015–16 No. as at 30 June 2016
Inquiries 6 4 7 3
Investigations 4 3 3 4

Each inquiry or investigation is considered on its merits, in accordance with publicly available compliance and litigation policies. The seriousness and risks associated with the alleged contraventions are taken into account, along with the organisation's response, including any remedial action taken, and the public interest. Table 39 details formal inquiries and investigations undertaken since December 2011, and the issues and the outcomes of each. Matters that were the subject of both an investigation and an inquiry are listed only once.

At the conclusion of a formal investigation under s.331 of the Registered Organisations Act the General Manager, if satisfied that there have been contraventions of the Registered Organisations Act, assesses the appropriate action to take from the options available under the legislation, weighing up the public interest in each case. The options available to the General Manager are to commence proceedings in the Federal Court of Australia, issue a notice to the organisation to take specified steps to rectify the contraventions, or refer possible criminal offences to the appropriate authority. The General Manager may make findings that contraventions have occurred but may decide that it is not in the public interest to take any further action. For example, where the nature of the breach would be outweighed by the time and resources required to pursue litigation and/or where the steps that the organisation has taken have adequately addressed the issue.

As noted, the Commission determines each inquiry or investigation on its merits. For example, court action taken against the Transport Workers Union of Australia (TWU) over its membership data contrasts with the Commission's response to concerns raised about membership data reported by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). Upon being advised of the Commission's concerns, the CEPU voluntarily implemented a range of compliance measures. The Commission continues to assess the implementation of those measures and associated risks. The CEPU's ongoing voluntary measures include appointing a former Commission Member to review its data, appointing a national compliance officer, and changing its rules allowing the CEPU national office to require branches and divisions to lodge audited data with the national office.

Table 39: Completed inquiries and investigations (Chapter 11, Part 4, Registered Organisations Act) undertaken since December 2011
Concluded Name Issue/s Outcome

Dec 2011

Health Services Union-Victoria No. 1 Branch

Unauthorised use of organisation funds

Commission court action — fines imposed

Mar 2012

Health Services Union & Thomson

Unauthorised use of organisation funds

Commission court action — fines imposed

Aug 2012

Local Government and Shires Association of New South Wales

Allegations of improper expenditure and inaccurate reporting of expenditure

Insufficient evidence. No further action.

Mar 2013

United Voice (Tasmanian Branch)

Unauthorised use of organisation funds

Findings of contravention but not in public interest to pursue court proceedings

Oct 2013

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Electrical, Energy and Services Division New South Wales Divisional Branch

Failure to comply with provisions of Part 3 Chapter 8 of the Registered Organisations Act

Insufficient evidence. No further action

Feb 2014

Musicians' Union of Australia (separate investigations concerning each of the Federal Office, the Sydney Branch, the Melbourne Branch and the Hobart Branch)

Failure to comply with provisions of Part 3 Chapter 8 of the Registered Organisations Act

Commission court action — fines imposed

Feb 2014

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Communications Division

Allegations of unauthorised expenditure

Insufficient evidence. No further action

Oct 2014

Australian Salaried Medical Officers Federation, Queensland Branch

Failure to comply with provisions of Parts 2 and 3 Chapter 8 of the Registered Organisations Act

Findings of contravention but not in public interest to pursue court proceedings

Nov 2014

Australian Salaried Medical Officers Federation, National Office

Failure to comply with provisions of Part 2, Chapter 8 of the Act*

Findings of contravention but not in public interest to pursue court proceedings

Nov 2014

Australian Nursing Federation, Western Australian Branch

Failure to comply with provisions of Part 3 Chapter 8 of the Registered Organisations Act

Commission court action — ongoing

Dec 2014

The Pastoralists' and Graziers' Association of Western Australia (Incorporated)

Failure to comply with provisions of Part 3 Chapter 8 of the Registered Organisations Act

Organisation deregistered

Feb 2015

Australian Rail, Tram and Bus Industry Union, Queensland Branch (Tram and Bus Division)

Allegations of unauthorised expenditure

Insufficient evidence. No further action

Mar 2015

Australian Childcare Centres Association

Failure to comply with provisions of Part 3 Chapter 8 and Part 2, Chapter 7 of the Registered Organisations Act

Organisation deregistered

Nov 2015

CPSU, the Community and Public Sector Union, SPSF Group, Queensland Branch

Failure to comply with provisions of Part 3 Chapter 8 of the Act*; failure by former Secretary to comply with the General Duties set out in Part 2, Chapter 9 of the Registered Organisations Act

Findings of contravention but not in public interest to pursue to pursue court proceedings

Feb 2016

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Communications Division, Tasmanian Divisional Branch

Unauthorised use of organisation funds including unauthorised engagement of employees

Inquiry concluded and formal investigation commenced.

May 2016

Flight Attendants' Association of Australia, International Division

Allegations of unauthorised expenditure

Rectification notice issued and Commission court action – ongoing

June 2016

Transport Workers' Union of Australia

Failure to comply with provisions of Part 2, Chapter 8 and Part 3, Chapter 6 of the Registered Organisations Act

Commission court action – ongoing

July 2016

Transport Workers' Union of Australia Western Australian Branch

Unauthorised use of organisation funds

Commission court action — ongoing

Court matters

During the 12 months, the General Manager notified the relevant organisations of its intention to commence four separate Federal Court proceedings.

The first matter deals with a formal investigation into two former officers of the Western Australian Branch of the TWU. In its statement of claim, the General Manager alleged the two former officers breached the Registered Organisations Act by arranging for the purchase with union funds of two customised $150,000 Ford F-350 utility vehicles for their personal benefit as opposed to standard issue motor vehicles; and by their involvement in the Branch Committee of Management's adoption of a redundancy policy, the result of which one former officer ultimately benefited on his departure from the TWU.

The second matter also involved the TWU. The General Manager alleged the TWU breached the Registered Organisations Act in several ways: by failing to remove from its register the names and postal addresses of more than 20,000 New South Wales (NSW) Branch members; failing to keep a register of NSW Branch members between 2009 and 2012 and Western Australian Branch members in 2013; and failing to keep a copy of the register of members for a Queensland Branch election.

The third matter pertains to the Flight Attendants' Association of Australia (FAAA). In this case, the General Manager notified the FAAA of its intention to commence Federal Court proceedings against the former secretary of its International Division. The former secretary is alleged to have breached the Registered Organisations Act by failing to discharge his duties with care and diligence; failing to provide annual budgets as required under the FAAA's rules; and improperly using his position to gain advantage in approving more than 12 weeks back-pay for himself in 2011. (The FAAA was issued with a rectification notice in relation to its records but no court action was taken against it).

The fourth Federal Court matter involves the Australian Nursing and Midwifery Federation and its Western Australian Branch secretary. The Commission is alleging that the Branch failed to comply with its financial reporting obligations for the 2009–10, 2010–11 and 2011–12 financial years.

In other relevant developments in 2015–16, the Federal Court:

  • handed down its penalty decision in the Craig Thomson matter in December 2015, ordering Mr Thompson to pay $231,234 compensation and $146,937 interest to the HSU, and imposing a minimum of $80,050 in penalties to the Commission
  • handed down its decision on Commission proceedings in March 2016 against the Musicians' Union of Australia (MUA) and its former secretary for failing to prepare, lodge and provide to members the MUA's financial reports over a number of financial years. The Court imposed penalties of $76,500 on the MUA and $17,000 on the former secretary

Membership data integrity

The Commission initiated a comprehensive review of membership data reported by all federally registered unions in 2014–15, and continued this work in 2015–16. The review involved surveying unions on their membership record-keeping systems and data collection methodologies; conducting site visits; interviewing key staff; and analysing data lodged in annual returns and financial reports in order to identify relevant trends and patterns.

This work has informed the assessment of reported membership data, and increased the Regulatory Compliance's capacity to detect any potential irregularities. It has also facilitated a working relationship with organisations to enhance membership reporting. For example, it was this initiative that enabled the Commission to identify irregularities in the CEPU's data, as detailed above.

Registered organisations' timeliness compliance rates

In 2015–16, for the second year in a row, and for the second time since reporting against this measure, registered organisations achieved 100 per cent voluntary compliance in lodging their annual returns on time. These returns provide information on officials, requirements for elections and membership. This is a significant improvement from four years ago, when only 76 per cent of registered organisations lodged their annual returns on time. (see Figure 12 and Table 40).

Figure 12: Annual returns lodged within statutory timelines

Figure 12: Annual returns lodged within statutory timelines

Figure 12 shows data in Table 40.

Table 40: Annual returns lodged within statutory timelines
  2015–16 2014–15 2013–14 2012–13 2011–12
Lodged on time 109 111 197 217 179
Lodged following Commission intervention 0 0 8 12 54
Still outstanding as at 30 June 0 0 2 2 1
Percentage lodged on time 100% 100% 95% 94% 76%
Percentage lodged following Commission intervention 0% 0% 4% 5% 23%
Percentage still outstanding as at 30 June 0% 0% 1% 1% 0.4%

Also in 2015–16, the previous year's record 95 per cent compliance rate for lodgment of financial returns within the statutory timeframe was further exceeded, with 96 per cent lodged on time. This increased to 99 per cent following Commission's intervention (up from 98 per cent in 2014–15). Four years ago, the on-time lodgment rate for financial returns was 80 per cent per cent (see Figure 13 and Table 41).

Also in 2015–16, the previous year's record 95 per cent compliance rate for lodgment of financial returns within the statutory timeframe was further exceeded, with 96 per cent lodged on time. This increased to 99 per cent following Commission's intervention (up from 98 per cent in 2014–15). Four years ago, the on-time lodgment rate for financial returns was 80 per cent per cent (see Figure 13 and Table 41).

Separate reporting units within registered organisations (such as Branches or Divisions) are required to lodge financial reports with the Commission, unless they successfully apply for an exemption. Financial returns of registered organisations include both financial reports lodged as well as applications for exemptions from financial reporting.

Regulatory Compliance proactively reminds every reporting unit of its obligation before its report is due.

A risk-based approach to the regulation of registered organisations' financial reporting was introduced in 2013. Each financial year, about 20 to 25 per cent of financial reports lodged by reporting units are subject to advanced assessment. All reporting units are subject to an advanced assessment at least once every five years.

Figure 13: Financial returns lodged within the statutory timeframe

Figure 13: Financial returns lodged within the statutory timeframe

Figure 13 shows data in Table 41.

Table 41: Financial returns lodged within the statutory timeframe
  2015–16 2014–15 2013–14 2012–13 2011–12
Lodged on time 364 380 342 332 319
Commission intervention 13 15 37 46 73
Still outstanding as at 30 June 1 5 6 6 3
Percentage lodged on time 96.30% 95.00% 88.83% 86.46% 80.76%
Percentage lodged following Commission intervention 3.44% 3.75% 9.61% 11.98% 18.48%
Percentage still outstanding as at 30 June 0.26% 1.25% 1.56% 1.56% 0.76%

Improving the quality of financial reporting

In 2014–2015 Regulatory Compliance commenced a program aimed at improving the quality of content of financial reports. It began an education campaign in the current reporting period focusing on improving identified areas of weakness. The campaign commenced with an information session and webinar for auditors of financial reports (see the case study on p.106). Measures of quality include whether the reporting unit has appropriately disclosed if it is a going concern; whether all statutory timeframes have been met; whether required documents have been lodged; and whether appropriate notes regarding the preparation of the accounts have been made.

Timeliness benchmarks

In addition to matching or exceeding benchmarks for external compliance, Regulatory Compliance in 2015–16 met or exceeded its own benchmarks for timeliness. For the first time since reporting against this target, Regulatory compliance assessed 100 per cent of financial reports for compliance within 40 working days of lodgment. This compares with 96 per cent last year, and exceeds the KPI benchmark of 95 per cent of reports assessed within 40 days (see Figure 14 and Table 42).

The Commission also exceeded its benchmark of 95 per cent in 40 days in relation to:

  • finalising routine entry permit applications
  • finalising registered organisation elections
  • assessing annual returns
  • assessing rule alterations under s.159 of the Registered Organisations Act

It did not meet its internal KPI of finalising 95 per cent of work, health and safety (WHS) permit applications within 40 days, with 91 per cent finalised within that timeframe.

These timeliness measures demonstrate the considerable improvements Regulatory Compliance has made over the last three years, moving from a position of not being able to meet any of the timeliness measures to meeting or exceeding all but one measure.

Finalisation of a matter occurs when the matter is finalised with the relevant external parties. This is distinguished from clearance rate measures which measure the time taken to close a matter, that is when it is finalised with external parties and the various internal procedures are concluded.

Figure 14: Regulatory Compliance Branch performance against timeliness benchmark targets

Figure 14: Regulatory Compliance Branch performance against timeliness benchmark targets

Figure 14 shows data in Table 42.

Table 42: Regulatory Compliance Branch performance against timeliness benchmarks targets
Performance targets 2015–2016 2014–2015 2013–2014
  Number lodged Number within KPI Result Number lodged Number within KPI Result Number lodged Number within KPI Result

95 per cent of financial reports required to be lodged under the Registered Organisations Act are assessed for compliance within 40 working days

391 391 100.0% 392 377 96.2% 426 161 37.8%

95 per cent of routine entry permits to be finalised within 40 working days

1549 1543 99.6% 1468 1407 95.8% 1169 1073 91.8%

2015–2016: 95 per cent of WHS permits to be finalised within 40 working days; 2013–2014 & 2014–2015: 95 per cent within 100 working days

46 42 91.3% 47 43 91.5% 57 39 68.4%

95 per cent of elections to be finalised within 40 working days

214 211 98.6% 234 227 97.0% 195 184 94.4%

95 per cent of annual returns to be assessed within 40 working days

113 109 96.5% 101 90 89.1% 230 73 31.7%

95 per cent of s.159 rule alterations to be assessed within 40 working days

99 95 96.0% 101 79 78.2% 182 59 32.4%

Regulator Performance Framework benchmarks

This year, the Commission measured its performance as a regulator as required under the Australian Government's Regulator Performance Framework, released in October 2014.

The framework aims to reduce unnecessary or inefficient regulation, including of registered organisations. The government set six KPIs against which regulators had to develop their own performance benchmarks, for implementation from 1 July 2015. The framework's KPIs deal with reducing regulatory burden, communications, risk-based and proportionate approaches, efficient and coordinated monitoring, transparency, and continuous improvement.

The Commission developed 13 performance measures which are detailed on the Commission's website. It will publish its results against those measures on its website by December 31 2016, as required under the framework.

Entry permits

During 2015–16 the Commission continued to improve its administration of entry permits. Specifically, the Commission:

  • increased the frequency of training required and the requirement for it to be recent as part of the 'fit and proper person' test
  • commissioned an external review of all previously approved entry permit training course
  • increased the accountability of entry permit holders by requiring broadened disclosure concerning the 'fit and proper person' test in the application process
  • required organisations to develop enhanced systems designed to increase compliance with the Fair Work Act

In 2015–16, the Commission received 1,628 applications for entry permits, compared with 1,481 in 2014–15. It issued 1,518, and refused nine, taking an average of 17 days to issue a permit. A total of 63 applications were withdrawn for various reasons, most commonly after the applicant was informed that additional disclosure or further information was required. (See Table 43 and Figure 15).

Table 43: Entry permit applications1
  Number Average time to issue a permit
Applications for entry permits 1,628  
Entry permits issued 1,518 17 days
Entry permits refused 9  
Applications withdrawn 63  

1 The number of permits issued and refused does not equal the number of applications received in the reporting period because some applications were not finalised until after the reporting period.

Figure 15: Entry permits issued

Figure 15: Entry permits issued

Figure 15 shows data in Table 64, Appendix E.

Organisations Panel's jurisdiction

The Commission's Organisations Panel deals with various types of applications made by registered organisations, including applications for registration, changes to eligibility rules and cancellation of registration. The Panel also considers non-routine applications for entry permits.

During the year the Panel finalised 13 matters. Six of these related to changes to eligibility rules, and three related to the cancellation of registered organisations' registration.

Table 44: Registered organisations — finalisation of matters in the jurisdiction of the Organisations Panel
Application type Section of the Registered Organisations Act Number
finalised 2015–16
Number finalised 2014–15 Number finalised 2013–14

Orders about representation rights of organisations of employees

s.137A 0 1 0

Membership agreement with State Registered Union

s.151(1) 0 1 1

Assets and liabilities agreement with State Registered Union

s.152(2) 1 0 0

Change of name

s.158(1)(a) 1 1 5

Changes to eligibility rules

s.158(1)(b) 6 11 18

Registration of association of employers

s.18(a) 2 4 3

Registration of association of employees

s.18(b) 0 3 4

Cancellation of registration

s.30 3 5 7

Submission of amalgamation to ballot

s.44(1) 0 0 1

General Manager directed to enter particulars

s.152(2) 0 0 0

TOTAL

  13 26 39

Total matters dealt with

Regulatory Compliance continued to deliver high clearance rates across 2015–16. It closed 3,232 matters, which exceeded the 3,143 matters lodged with it in the same period (see Table 45 and Figure 16). A matter is closed when it is finalised with the relevant parties and when various internal procedures have been concluded. This is distinguished from timeliness measures (see Figure 14 and Table 42). Timeliness is measured as time taken to finalise with relevant parties.

The data in Table 45 summarises Regulatory Compliance's clearance rate of all registered organisations' matters. In last year's annual report the Commission reported clearance rates for three specific matters – annual returns, financial returns (including exemptions from financial reporting), and requests for advice and alterations to rules. This data is included in Table 66 in Appendix E.

Table 45: Regulatory Compliance matters lodged, closed and clearance rates
  July Aug Sept Oct Nov Dec Jan Feb Mar April May June TOTAL
LODGED 274 292 417 275 210 263 173 289 355 144 214 237 3,143
CLOSED 308 333 362 300 228 269 186 298 272 242 214 213 3,235
CLEARANCE RATE 112% 114% 87% 109% 109% 102% 108% 103% 77% 168% 105% 90% 103%

Figure 16: Regulatory Compliance matters lodged and closed 1 July 2015 – 30 June 2016

Figure 16: Regulatory Compliance matters lodged and closed 1 July 2015 – 30 June 2016

Figure 16 represents data in Table 45.

Keep reading the annual report

Major application types: Industrial actionOperational performance: New ApproachesOperational performance: Setting the minimum wageOperational performance: Modern awardsOperational performance: Regulating registered organisationsOperational performance: Appeals

Mini sites

  • Annual Report 2013–14
    • Reader's guide
    • 1. Overview
      • President's introduction
      • General Manager's overview
      • Performance summary
      • Major achievements 2013–14
    • 2. About the Commission
      • Who we are and what we do
      • Our structure
      • Outcome and program structure
      • Our clients and stakeholders
        • In focus—Small Business Outreach
      • Our future direction
        • In focus–New website
        • In focus–Virtual tour
        • In focus–Mock hearings
      • Our history
    • 3. Performance reporting
      • Overview
      • Legislative amendments
      • Workload
      • Timeliness benchmarks
      • Resolving disputes
      • Determining unfair dismissal applications
      • Setting the minimum wage
        • In focus–Pay Equity Unit
      • Orders relating to industrial action
        • Case study–Emergency Services Telecommunications Authority
        • Case study–Sydney Water
      • Processes relating to modern awards
        • In focus–4 yearly review of awards
      • Approving agreements
        • Case study–Catholic Education Victoria
        • Case study–Orora Fibre Packaging
      • Regulating registered organisations
      • Determining anti-bullying applications
        • In focus–Setting up the anti-bullying jurisdiction
        • Case study–Anti-bullying
      • Key performance indicators
    • 4. Management and accountability
      • Corporate governance
      • Planning and development
      • Ethical standards
      • Accountability
      • Our workforce
      • Employee pay and entitlements
      • Service Charter, complaints and Code of Conduct
      • Financial management
    • 5. Appendices
      • A | Member activities
      • B | List of Members
      • C | Panel assignments
      • D | Methodology for Chart 2–Matters dealt with by the Commission and its predecessors 1998–99 to 2013–14
      • E | Promoting fairness and improving access
      • F | Efficiency and innovation
      • G | Increasing accountability
      • H | Productivity and engaging with industry
      • I | Documents relating to the work of the Commission
      • J | Fair Work Commission addresses
      • K | Lodgment and case load statistics
      • L | Methodology for Chart 6–Number of Commission sittings, various
      • M | Subscription services
      • N | Information on specific statutory requirements
      • O | Fraud Control Certificate
      • P | Fair Work Commission Service Charter
      • Q | Financial statements
        • Independent Audit Report
        • Statement by the General Manager and Chief Financial Officer
        • Statement of Comprehensive Income
        • Statement of Financial Position
        • Statement of Changes in Equity
        • Cash Flow Statement
        • Schedule of Commitments
        • Schedule of Administered Items
        • Notes to the financial statements
          • Note 1: Summary of Significant Accounting Policies
          • Note 2: Events after the Reporting Period
          • Note 3: Expenses
          • Note 4: Income
          • Note 5: Fair Value Measurements
          • Note 6: Financial Assets
          • Note 7: Non-financial Assets
          • Note 8: Payables
          • Note 9: Provisions
          • Note 10: Cash Flow Reconciliation
          • Note 11: Contingent Liabilities and Assets
          • Note 12: Senior Executive Remuneration
          • Note 13: Remuneration of Auditors
          • Note 14: Financial Instruments
          • Note 15: Financial Assets Reconciliation
          • Note 16: Administered Income
          • Note 17: Administered Payables
          • Note 18: Administered Cash Flow Reconciliation
          • Note 19: Administered Contingent Liabilities and Assets
          • Note 20: Appropriations
          • Note 21: Compliance with Statutory Conditions for Payments from the Consolidated Revenue Fund
          • Note 22: Compensation and Debt Relief
          • Note 23: Reporting of Outcomes
          • Note 24: Net Cash Appropriation Arrangements
      • R | Agency resource statement
      • S | Expenses and resources for outcome
      • T | Glossary
      • U | Acronyms and abbreviations
      • V | List of requirements
    • Letter of transmittal
    • Inquiries and copyright
    • Videos
    • Downloads
  • Annual Report 2014–15
    • Introduction
    • Preliminary information
      • Contents
      • Letter of transmittal
      • Readers guide
    • Part 1 Overview
      • President's introduction
      • General Manager's overview
      • Performance summary
      • Major achievements
    • Part 2 About the Commission
      • Outcome and programme structure
      • Who we are and what we do
      • Our structure
      • Our history
      • Our clients and stakeholders
      • Our future direction
      • Future directions - Continuing the change program
    • Part 3 Performance reporting
      • Overview
      • Legislative amendments
      • Workload
      • Timeliness benchmarks
      • Resolving disputes
      • Unlawful termination disputes
      • Determining unfair dismissal applications
      • Setting the minimum wage
      • Orders relating to industrial action
      • Processes relating to modern awards
      • Enterprise agreements
      • Determining anti-bullying applications
      • Regulating registered organisations
      • Key performance indicators
    • Part 4 Management and accountability
      • Corporate governance
      • Planning and development
      • Workplace health and safety
      • Business continuity
      • Ethical standards
      • Fair Work Commission values
      • Freedom of information
      • Accountability
      • The Commission's workforce
      • Employee pay and entitlements
      • Service Charter, complaints and code of conduct
      • Financial management
      • Agency resource statement
      • Expenses and resources for outcome
    • Acronyms and abbreviations
    • Part 5 Appendices
      • Appendix A
      • Appendix B
      • Appendix C
      • Appendix D
      • Appendix E
      • Appendix F
      • Appendix G
      • Appendix H
      • Appendix I
      • Appendix J
      • Appendix K
      • Appendix L
      • Appendix M
      • Appendix N
      • Glossary
  • Annual Report 2015–16
    • Preliminary information
      • Letter of transmittal
      • Readers' guide
    • Part 1: Overview
      • President's report
      • General Manager's report
    • Part 2: About the Commission
    • Part 3: Performance
      • Performance summary
      • Annual performance statements 2015–16
      • Operational performance
        • Applications lodged
        • Hearings & conferences
        • Information & assistance
        • Major application types
          • Unfair dismissals
          • General protections & unlawful termination disputes
          • Anti-bullying
          • Enterprise agreements
          • Resolving disputes
          • Industrial action
        • New Approaches
        • Setting the minimum wage
        • Modern awards
        • Regulating registered organisations
        • Appeals
      • Significant decisions
      • Case studies
        • Case study: Enterprise agreements pilot
        • Case study: Patrick & the MUA
        • Case study: Encouraging regulatory compliance
    • Part 4: Management & accountability
      • Corporate governance
      • Financial management
      • Other mandatory information
    • Appendices
      • Appendix A: List of Members
      • Appendix B: Panel assignments
      • Appendix C: Member activities
      • Appendix D: Lodgment & case load statistics
      • Appendix E: Registered organisations data
      • Appendix F: Performance reporting for the RSRT
      • Appendix G: Financial statements
      • Appendix H: Subscription services
      • Appendix I: Service charter
      • Appendix J: List of requirements
      • Appendix K: Expense & resources outcome, agency resource statement & financial performance analysis
    • Glossary
    • Acronyms & abbreviations
    • Contact us
  • Annual Wage Review 2013–14
  • Anti-bullying benchbook
    • Glossary & naming conventions
    • Overview of benchbook
    • What is workplace bullying?
    • Who is covered by workplace bullying laws?
      • Definition of ‘worker’
      • Definition of ‘constitutionally-covered business’
        • What is a person conducting a business or undertaking?
        • What is a Territory or a Commonwealth place?
        • What is a constitutional corporation?
        • What is the Commonwealth?
    • When is a worker bullied at work?
      • What does ‘at work’ mean?
      • Risk of continued bullying
      • Reasonable management action
    • Making an application
    • Responding to an application
    • If the worker has been dismissed
    • Commission processes
      • Procedural issues
      • Representation by lawyers and paid agents
    • Evidence
    • Outcomes
      • Dismissing an application
      • Contravening an order of the Commission
    • Associated applications
      • Costs
      • Appeals
      • Role of the Court
  • Corporate Plan 2018–19
    • 1. Message from the General Manager
    • 2. Purpose
    • 3. Operating environment
    • 4. Culture
    • 5. Capability
    • 6. Performance
  • Corporate Plan 2019–20
    • 1. Message from the General Manager
    • 2. Purpose
    • 3. Operating environment
    • 4. Our focus
    • 5. Culture
    • 6. Capability
    • 7. Performance
  • Corporate Plan 2020-21
    • 1. Message from the General Manager
    • 2. Purpose
    • 3. Operating environment
    • 4. Key activities
    • 5. Capability
    • 6. Risk
    • 7. Performance
  • Enterprise agreements benchbook
    • Glossary & naming conventions
    • Overview of benchbook
    • What is an enterprise agreement?
      • Single-enterprise agreement
      • Multi-enterprise agreement
      • Differences between single and multi-enterprise agreements
      • Greenfields agreement
    • Content of an enterprise agreement
      • Permitted matters
      • Coverage
      • Scope – who will be covered?
      • Terms & conditions of employment
      • Base rate of pay
      • Nominal expiry date
      • Mandatory terms
      • Flexibility term
      • Consultation term
      • Dispute settlement term
      • Optional terms
      • Terms that cannot be included
        • Terms that exclude the NES
        • Unlawful terms
        • Designated outworker terms
    • Agreement making process
      • Representation
      • Employee right to be represented
      • Bargaining representatives
    • Bargaining
      • Good faith bargaining
      • How long does bargaining take?
    • Voting
      • Voting process
      • Who can vote?
      • Timeframe for vote
      • Voting methods
      • When is an agreement made?
      • If parties cannot agree
    • Making an application
      • Common defects & issues
        • National Employment Standards
        • Better off overall test
        • Mandatory terms
        • Other terms
        • Pre-approval requirements
        • Forms & lodgment
      • Who must apply
      • Timeframe to apply
      • Material to accompany application
      • Signing an agreement
      • Employer must notify employees
    • Commission approval process
      • Genuine agreement
        • Minor procedural or technical errors
      • Where a scope order is in operation
      • Particular kinds of employees
      • Better off overall test (BOOT)
        • When an agreement passes
        • Classes of employees
        • Which award applies
        • Advice about coverage
        • Loaded rates of pay
      • Public interest test
      • Undertakings
      • Powers of the Commission
    • Associated applications
      • Majority support determinations
      • Authorisations to commence bargaining
        • Single interest employer authorisations
        • Ministerial declaration
        • Low-paid authorisations
      • Scope orders
      • Bargaining orders
      • Serious breach declarations
      • Disputes
      • Workplace determinations
        • Low-paid
        • Industrial action related
        • Bargaining related
      • Role of the Court
      • Appeals
      • Varying enterprise agreements
        • Varying by agreement
        • Ambiguity or uncertainty
        • Discrimination
      • Terminating enterprise agreements
        • Terminating by agreement
        • After its nominal expiry date
      • Terminating individual agreements
  • General Manager reporting requirements
  • General protections benchbook
    • Glossary & naming conventions
    • Overview of benchbook
      • When is a person covered by the general protections?
    • What are the general protections?
    • How do the general protections work?
      • Rebuttable presumption as to reason or intent
    • Coverage for general protections
      • What is a constitutionally-covered entity?
      • What is a Territory or a Commonwealth place?
      • What is a trade and commerce employer?
      • What is a Territory employer?
      • What is a national system employer?
    • What if I am not covered?
    • What is adverse action?
      • What is dismissal?
      • Injuring employee in their employment
      • Altering the position of the employee
      • Discriminating
      • Threatened action and organisation of action
      • Exclusions
    • Workplace rights protections
      • Meaning of workplace right
      • Coercion
      • Undue influence or pressure
      • Misrepresentations
      • Requiring the use of COVIDSafe
    • Industrial activities protections
      • What are industrial activities?
      • Coercion
      • Misrepresentations
      • Inducements – membership action
    • Other protections
      • Discrimination
        • Race
        • Colour
        • Gender identity & sexual orientation
        • Age
        • Physical or mental disability
        • Marital status
        • Family or carer’s responsibilities
        • Pregnancy
        • Religion
        • Political opinion
        • National extraction
        • Social origin
      • Exceptions
      • Temporary absence – illness or injury
      • Bargaining services fees
      • Coverage by particular instruments
      • Coercion – allocation of duties to particular person
    • Sham arrangements
      • Misrepresenting employment
      • Dismissing to engage as independent contractor
      • Misrepresentation to engage as independent contractor
    • Making an application
      • Dismissal applications
        • Timeframe for lodgment
        • Extension of time for lodging an application
      • Non-dismissal applications
      • Other types of applications
        • Multiple actions relating to dismissal
        • Unfair dismissal
        • Unlawful termination
        • Court application
        • Discrimination
    • Power to dismiss applications
    • Evidence
    • Commission process
      • Conferences & hearings
      • Dealing with different types of general protections disputes
      • Rescheduling or adjourning matters
      • Representation by lawyers and paid agents
      • Bias
    • Outcomes
    • Costs
      • When are costs ordered by the Commission?
      • Costs against representatives
    • Appeals
    • Role of the Court
      • Enforcement of Commission orders
      • Types of order made by the Court
  • Industrial action benchbook
    • Glossary & naming conventions
    • What is industrial action?
      • Unprotected industrial action
        • Orders to stop or prevent unprotected industrial action
      • Protected industrial action
        • Immunity
        • Common requirements
        • Employee claim action
        • Employer response action
        • Employee response action
        • Pattern bargaining
    • Taking protected industrial action
      • Protected action ballots
        • Who may apply?
        • Making an application
        • Commission process
        • Varying a protected action ballot order
        • Revoking a protected action ballot order
      • Voting
        • Ballot agents
        • Who may vote – roll of voters
        • Ballot papers
        • Voting procedure
        • Scrutiny of the ballot
        • Results of the ballot
        • When is industrial action authorised?
      • Notice requirements
      • Commencing protected industrial action
    • Payments relating to industrial action
      • Partial work bans
      • Unprotected industrial action – payments
      • Standing down employees
    • Suspension or termination of protected industrial action
      • Powers of the Commission
        • When the Commission may suspend or terminate
        • When the Commission must suspend or terminate
          • Threats to persons or the economy
          • Suspending industrial action
        • Requirements relating to a period of suspension
      • Powers of the Minister
    • Enforcement
    • Appeals
  • JobKeeper benchbook
    • Glossary
    • Introduction
      • Provisions of the Fair Work Act
    • JobKeeper enabling directions – general
      • Service & entitlement accrual
      • When a JobKeeper enabling direction will have no effect
      • Stand downs that are not jobkeeper enabling stand downs
      • Employee requests
    • Jobkeeper enabling stand down directions – entitled employers
      • Directions about duties & location of work
    • Jobkeeper enabling directions – legacy employers
      • Jobkeeper enabling stand down directions – legacy employers
      • Directions about duties & location of work – legacy employers
      • Termination of a jobkeeper enabling direction – legacy employers
    • Agreements about days or times of work
      • Agreements about days or times of work – entitled employers
      • Agreements about days or times of work – legacy employers
      • Termination of an agreement about days or times of work
    • Employer payment obligations
      • Wage condition
      • Minimum payment guarantee
      • Hourly rate of pay guarantee
    • Agreements about annual leave
    • Protections
    • Disputes we cannot assist with
    • Applications to deal with a dispute
      • Who can make an application
      • Responding to an application
      • Objecting to an application
      • Discontinuing an application
    • Commission process
      • General information
      • Conferences & hearings
      • Procedural issues
    • Evidence
    • Outcomes
      • Contravening an order
      • Appeals
      • Role of the Court
    • Attachments
  • Modern Awards Review 2012
    • Introduction
      • Modern Awards Review 2012
  • Sir Richard Kirby Archives
    • Home
    • Sir Richard Kirby
    • About the Archives
    • Cases
      • Case
      • The Honourable Justice Henry Bournes Higgins (1851–1929)
    • Centenary
    • Exhibitions
      • Exhibition launch: The history of the Australian minimum wage
      • Guide – Opening Exhibition
      • International Industrial Dispute Resolution Conference
        • Speaker – Justice Alan Boulton AO
        • Speaker – Mr Arthur F Rosenfeld
        • Speaker – Mr Craig Smith
        • Speaker – Mr James Wilson
        • Speaker – Mr Kieran Mulvey
        • Speaker – Mr Peter Anderson
        • Speaker – Ms Ginette Brazeau
        • Speaker – Ms Nerine Kahn
        • Speaker – Ms Rita Donaghy CBE
        • Speaker – Ms Sharan Burrow
        • Speaker – Senator Guy Barnett
        • Speaker – The Hon. Julia Gillard
      • The Journey
        • Court
          • Early years
          • New court
            • Profile of Justice O'Connor
            • First registration of an industrial organisation
          • Judges & conciliators
          • The Boilermakers' Case
            • The dispute & appeals
        • Commission
          • Post Boilermakers 1956-1973
          • Hawke & Keating governments
            • Industrial Relations Court
          • Howard Government
        • Fair Work Australia
          • The Fair Work system
          • About Fair Work Australia
          • Transition
          • Fair Work timeline
      • The history of the Australian minimum wage
        • The Great Strikes
        • The first minimum wage: The Victorian minimum wage
        • The Harvester Decision
        • The impact of the Great Depression
        • Working it out: Cost of living versus capacity to pay
        • The removal of award rate discrimination
        • The wage explosion & economic crisis
        • The modern era: The development of a modern minimum wage
      • Treasures of the archives
        • Launch speech?Treasures of the Archives
        • 1. Professor Isaac
        • 2. Register of organisations
        • 3. Perlman letters
        • 4. Sir Richard Kirby photograph
        • 5. Oral history program
        • 6. AIRC sign
        • 7. Folder of wage decisions
        • 8. Centenary exhibition
        • 9. Women's exhibition poster
        • 10. Isaac letters
    • The modern era
    • Past Presidents
    • Past Members
      • Past Members 1956 to present
      • Past Members to 1956
  • Unfair dismissals benchbook
    • Overview of unfair dismissal
    • Glossary & naming conventions
    • Coverage for unfair dismissal
      • Who is protected from unfair dismissal?
      • People excluded from national unfair dismissal laws
        • Independent contractors
        • Labour hire workers
        • Vocational placements & volunteers
        • Public sector employment
      • Constitutional corporations
      • High income threshold
      • Modern award coverage
      • Application of an enterprise agreement
      • What is the minimum period of employment?
        • How do you calculate the minimum period of employment?
        • What is continuous service?
        • What is an excluded period?
      • Bankruptcy
      • Insolvency
    • What is dismissal?
      • When does a dismissal take effect?
      • Terminated at the employer's initiative
      • Forced resignation
      • Demotion
      • Contract for a specified period of time
      • Contract for a specified task
      • Contract for a specified season
      • Training arrangement
      • What is a transfer of employment?
      • Periods of service as a casual employee
      • What is a genuine redundancy?
        • Job no longer required due to changes in operational requirements
        • Consultation obligations
        • Redeployment
      • What is the Small Business Fair Dismissal Code?
    • What makes a dismissal unfair?
      • Valid reason relating to capacity or conduct
        • Capacity
        • Conduct
      • Notification of reason for dismissal
      • Opportunity to respond
      • Unreasonable refusal of a support person
      • Warnings – unsatisfactory performance
      • Size of employer's enterprise and human resources specialists
      • Other relevant matters
    • Making an application
      • Application fee
      • Timeframe for lodgment
      • Extension of time for lodging an application
      • Who is the employer?
      • Multiple actions
      • Discontinuing an application
    • Objecting to an application
    • Commission process
      • Conciliation
      • Hearings and conferences
      • Preparing for hearings and conferences
      • Representation by lawyers and paid agents
      • Rescheduling or adjourning matters
      • Bias
    • Remedies
      • Reinstatement
        • Order for reinstatement cannot be subject to conditions
        • Order to maintain continuity
        • Order to restore lost pay
      • Compensation
        • Calculating compensation
        • Mitigation
        • Remuneration
        • Other relevant matters
        • Compensation cap
        • Instalments
    • Dismissing an application
    • Evidence
    • Costs
      • Costs against representatives
      • Security for costs
    • Appeals
      • Staying decisions
    • Role of the Court
  • Waltzing Matilda and the Sunshine Harvester Factory
    • Introduction
    • The book
      • Book launch
    • The film
      • Film launch
    • Historical material
      • 38 Hour Week Wage Principle [1983]
      • 40 Hour Week Case [1947]
      • 44 Hour Week Case [1927]
      • Apprenticeship indentures
      • Australian Minimum Wage and fitter (trades) rate since 1906
      • Boot Trades Case
      • Careers in Bootmaking and Boot Repairing
      • Cattle Industry Case 1966
      • Commercial Printing Case [1936]
      • Commonwealth Conciliation and Arbitration Act 1904
      • Cost of living newspaper articles from the early 1900s
      • Debates
      • Equal Pay Case 1969
      • Equal Pay Case 1972
      • Fruit Pickers Case
      • Gas Employees Case
      • Graph of Australian Minimum Wage since 1906
      • Harvester Case
      • Historic case judgments on the Fair Work Commission's website
      • Kingston's evidence
      • Linesmen's Case
      • Maternity Leave Case [1979]
      • Metal trades base level minimum wages [1967–2015]
      • Methods of wage adjustment
        • Establishing an Australian Minimum Wage 1907?1922
          • The origins of the Australian minimum wage
          • The 'needs' principle and 'capacity to pay'
          • Women's wages
          • First indexation decision
        • Quarterly indexation 1922–1953
        • The Great Depression 1931
        • Prosperity loadings 1937
        • World War II 1939–1945
        • The post-war period: 1953–1965 basic wage inquiries
        • The total wage 1966–1967
        • Removal of discrimination in award rates
        • Reintroduction of quarterly wage indexation 1975–1978
        • Six monthly wage indexation 1978–1981
        • Wage explosion 1981–1982
        • Reforming awards and work and management practices 1987–1991
        • Six monthly wage indexation 1983–1987
        • Enterprise bargaining and a minimum wage safety net 1991–1996
        • Statutory adjustments
        • The minimum wage in real terms
      • Mrs Beeton's cookbook
      • Paternity Leave Case [1990]
      • Personal/Carer's Leave Test Case [1995]
      • Piddington report
      • Re Bagshaw [1907]
      • Significant cases on the Fair Work Commission's website
      • Statistics for the purpose of comparison with the Australian minimum wage
      • The Amalgamated Society of Engineers v. The Adelaide Steam-ship Company Limited and Others
      • The Australian minimum wage from 1906
      • The Federated Marine Stewards and Pantrymen's Association v. The Commonwealth Steamship Owners' Association and Others
      • The Victorian minimum wage 1896
        • Legislative Council Second Reading Speech to the Factories and Shops Bill 1896
      • The first Award: 1906 Steam-ship Crew
      • 100 years of the minimum wage—Statistical comparison
    • Mrs Beeton's cookbook
    • Glossary
    • Related sites
    • Educational materials
  • AWRS First Findings report

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