Inquiries, investigations and litigation
The General Manager of the Fair Work Commission may make inquiries and conduct investigations into registered organisation's compliance with the Fair Work (Registered Organisations) Act 2009 (the RO Act) and their rules regarding finances and financial administration.
The General Manager undertakes inquiries and investigations in accordance with the provisions of the legislation and the principles of procedural fairness. This includes providing notice of proposed adverse findings to the relevant parties and giving them an opportunity to respond before finalising the findings.
Inquiries and investigations are in addition to the routine examination of a registered organisation's financial reports for compliance with the RO Act at the time of lodgement.
During the period from 1 May 2017 to 5 March 2023 all active inquiries, investigations and litigation referred to on this page were undertaken by the Registered Organisations Commissioner as the then regulator of registered organisations. Those regulatory functions were transferred to the General Manager of the Fair Work Commission from 6 March 2023.
Current inquiries and investigations
Inquiries
- Community and Public Sector Union SPSF Group Western Australia Prison Officers’ Union Branch – inquiry commenced 24 January 2023
- Clay Brick and Paver Association of New South Wales – inquiry commenced 21 September 2022
- Building Services Contractors Association of Australia, New South Wales Division - inquiry commenced 14 December 2022
- Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division, Queensland
District Branch - inquiry commenced 20 December 2022
Investigations
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Health Services Union Victoria No. 1 Branch – investigation commenced 2 February 2022
Concluded inquiries and investigations
2023
- National Retail Association – inquiry commenced 21 July 2022 and concluded 1 February 2023
2022
- Real Estate Employers Federation - inquiry commenced 3 March 2022, inquiry suspended 29 September 2022 pending further response from organisation; reinstated on 25 November 2022 and concluded 5 December 2022
- Australian Education Union, Australian Capital Territory Branch – investigation commenced 23 February 2022 and concluded 21 October 2022
- Independent Education Union of Australia, WA Branch – inquiry commenced 27 January 2021 and concluded 20 September 2022
- The Australian Workers’ Union, National Office and all branches (excluding Victoria branch) – investigation commenced 17 February 2021 and concluded 29 August 2022
- The Master Plumbers’ and Mechanical Contractors Association of New South Wales – investigation commenced 10 September 2021 and concluded 25 March 2022
- Restaurant and Catering Industrial – investigation commenced 13 July 2021 and concluded 22 February 2022
2021
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The Australian Workers’ Union, National Office and Victorian Branch – investigation commenced 20 October 2017, suspended 25 October 2017, reinstated 19 January 2021 and concluded 21 December 2021
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Motor Traders' Association of NSW – investigation commenced 5 November 2018 and concluded 11 November 2021
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Master Builders’ Association of Tasmania Inc. – inquiry commenced 27 January 2021 and concluded 23 August 2021
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Construction, Forestry, Maritime, Mining and Energy Union, Mining and Energy Division, Queensland District Branch - investigation commenced 14 March 2018 and concluded 23 June 2021
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Queensland Real Estate Industrial Organisation of Employers – inquiry commenced 14 January 2020 and concluded 19 May 2021
2020
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Restaurant and Catering Industrial - inquiry commenced 25 February 2020 and concluded 21 July 2020
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The Australian Workers' Union, Western Australia Branch - inquiry commenced 31 July 2019 and concluded 15 July 2020
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Health Services Union Victoria No. 1 Branch - investigation commenced 16 January 2019 and concluded 4 June 2020
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The Master Builders' Association of Victoria - inquiry commenced 31 July 2019 and concluded 22 May 2020
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Australian Property Services Association - investigation commenced 9 August 2018 and concluded 16 January 2020
2019
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National Union of Workers, New South Wales Branch – investigation commenced 13 July 2018 and concluded 7 November 2019
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Clubs Victoria Inc. - investigation commenced 1 November 2018 and concluded 11 July 2019
2018
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Australian Hotels Association, Queensland Branch – investigation commenced on 20 October 2017 and concluded 5 October 2018
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Clubs Victoria Inc. – inquiry commenced 11 May 2018 and concluded 27 August 2018
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The Master Builders' Association of New South Wales – inquiry commenced 8 May 2018 and concluded 10 August 2018
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Australian Road Transport Industrial Organization, Tasmanian Branch – inquiry commenced 8 May 2018 and concluded 10 August 2018
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The Australian Workers' Union, Victorian Branch – investigation commenced 2 November 2016 and concluded 19 March 2018
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – investigation commenced 22 September 2017 and concluded 13 April 2018
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical, Energy and Services Division, NSW Branch – inquiry commenced 8 December 2017 and concluded 22 March 2018
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical, Energy and Services Division, Victorian and Tasmanian Branches – investigation commenced 24 May 2017 and concluded 16 February 2018
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Health Services Union, Tasmania Branch – inquiry commenced 15 September 2017 and concluded 8 January 2018
2017
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Transport Workers' Union of Australia – inquiry commenced 28 June 2017 (under s.336(1A) of the Fair Work (Registered Organisations) Act 2009) and concluded 23 October 2017
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United Firefighters' Union of Australia, Victorian Branch – inquiry commenced 13 July 2017 and concluded 6 October 2017
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Health Services Union East Branch – inquiry commenced 5 June 2017 and concluded 31 August 2017
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Flight Attendants' Association of Australia, International Division – inquiry commenced 23 June 2017 (under s.336(1A) of the Fair Work (Registered Organisations) Act 2009) and concluded 30 August 2017
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Textile, Clothing and Footwear Union of Australia, South Australian/Tasmanian Branch (prior to its merger with the New South Wales Branch on 4 September 2006) – investigation commenced 15 July 2013 and concluded 27 February 2017
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Australian Nursing and Midwifery Federation, Western Australian Branch – inquiry commenced 29 January 2016 (under s.336(1A) of the Fair Work (Registered Organisations) Act 2009) and concluded 10 February 2017
2016
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Health Services Union Victorian No.1 Branch – investigation commenced 19 September 2013 and concluded 30 December 2016
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical, Energy and Services Division, Victorian Branch – inquiry commenced 28 July 2016 and concluded 14 October 2016
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Construction, Forestry, Mining and Energy Union, Construction and General Division, New South Wales Branch – inquiry commenced 8 June 2016 and concluded 10 August 2016
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Communications Division, Tasmanian Branch – investigation commenced 23 February 2016 (commenced as an inquiry on 11 May 2015) and concluded 26 July 2016
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Australian Salaried Medical Officers Federation, National Office – inquiry commenced 8 January 2016 (under s.336(1A) of the Fair Work (Registered Organisations) Act 2009) and concluded 11 July 2016
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Transport Workers' Union of Australia, Western Australian Branch – investigation commenced on 13 April 2016 and concluded 8 July 2016
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Transport Workers' Union of Australia – investigation commenced 1 March 2016 (commenced as an inquiry on 5 March 2015) and concluded 27 June 2016
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Flight Attendants’ Association of Australia, International Division – investigation commenced 2 December 2013 and concluded 23 May 2016
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Musicians' Union of Australia, Federal Office – inquiry commenced 19 February 2015 and concluded 27 October 2015 (notification held pending finalisation of the Federal Court proceedings which concluded 30 March 2016)
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Musicians' Union of Australia, Melbourne Branch – inquiry commenced 19 February 2015 and concluded 27 October 2015 (notification held pending finalisation of the Federal Court proceedings which concluded 30 March 2016)
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Musicians' Union of Australia, Sydney Branch – inquiry commenced 19 February 2015 and concluded 27 October 2015 (notification held pending finalisation of the Federal Court proceedings which concluded 30 March 2016)
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Musicians' Union of Australia, Hobart Branch – inquiry commenced 19 February 2015 and concluded 27 October 2015 (notification held pending finalisation of the Federal Court proceedings which concluded 30 March 2016)
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Australian Salaried Medical Officers Federation, Queensland Branch – inquiry commenced 11 January 2016 and concluded 11 March 2016
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Transport Workers' Union of Australia – inquiry commenced 5 March 2015 and concluded 29 February 2016
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Communications Division, Tasmanian Branch – inquiry commenced 11 May 2015 and concluded 22 February 2016
2015
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CPSU, the Community and Public Sector Union, SPSF Group, Queensland Branch – inquiry commenced 21 September 2012 and concluded 7 December 2012, investigation commenced 7 December 2012 and concluded 12 November 2015
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Australian Childcare Centres Association – investigation commenced 23 November 2012; suspended 1 May 2013 (pending outcome of proceedings before the Commission concerning cancellation of registration); resumed 1 September 2014 (following the conclusion of proceedings before the Commission) and concluded 24 March 2015
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Australian Rail, Tram and Bus Industry Union, Queensland Branch (Tram and Bus Division) – inquiry commenced 26 April 2013 and concluded 3 February 2015
2014
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The Pastoralists' and Graziers' Association of Western Australia (Incorporated) – inquiry commenced 17 March 2014 and concluded 9 December 2014
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Health Services Union, Victoria No. 1 Branch – inquiry commenced 23 January 2013 and concluded 5 December 2014
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Australian Nursing Federation, Western Australian Branch – investigation commenced 3 January 2013 and concluded 28 November 2014
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Australian Salaried Medical Officers Federation, National Office – investigation commenced 20 October 2014 and concluded 14 November 2014
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Australian Salaried Medical Officers Federation, Queensland Branch – investigation commenced 23 November 2012 and concluded 24 October 2014
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Australian Salaried Medical Officers Federation, National Office – inquiry commenced 28 January 2013 and concluded 20 October 2014
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Health Services Union, National Office – inquiry commenced 15 April 2013 and concluded 17 October 2014
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – inquiry commenced 4 September 2012 and concluded 26 February 2014
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Musicians' Union of Australia (separate investigations concerning each of the Federal Office, the Sydney Branch, the Melbourne Branch and the Hobart Branch) – inquiries commenced 23 November 2012 and concluded 19 February 2014
2013
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Flight Attendants’ Association of Australia, International Division – inquiry commenced 29 April 2013 and concluded 1 December 2013
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Electrical, Energy and Services Division NSW Branch – inquiry commenced 11 February 2013 and concluded 7 October 2013
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Tasmanian Branch of United Voice (formerly known as the Liquor, Hospitality and Miscellaneous Union) – inquiry commenced 23 July 2012 and concluded 25 March 2013
2012
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CPSU, the Community and Public Sector Union, SPSF Group, Queensland Branch – inquiry commenced 21 September 2012 and concluded 7 December 2012
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Local Government Association of New South Wales – inquiry commenced 13 June 2012 and concluded 9 August 2012
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Health Services Union National Office – inquiry commenced 6 April 2009 and concluded 26 March 2010, investigation commenced 26 March 2010 and concluded 28 March 2012
2011
- Health Services Union Victoria No. 1 Branch – inquiry commenced 29 January 2009 and concluded 27 April 2010, investigation commenced 27 April 2010 and concluded 23 December 2011
Federal Court proceedings
The General Manager can commence proceedings in the Federal Court concerning compliance by a registered organisation, its officers, employees and auditors with the RO Act.
Current Federal Court proceedings
- General Manager of the Fair Work Commission v The Australian Workers’ Union External link (opens in new window) [NSD992/2022] – commenced on 17 November 2022. Go to the Federal Court’s online file: [NSD992/2022External link (opens in new window)].
- General Manager of the Fair Work Commission v Stephen Smyth External link (opens in new window) [QUD411/2021] – commenced 30 November 2021. Go to the Federal Court’s online file: [QUD411/2021 External link (opens in new window)].
Completed Federal Court proceedings
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Registered Organisations Commissioner v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia External link (opens in new window) [NSD802/2018] – commenced 10 May 2018; judgment delivered 11 February 2020. Appeal: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commissioner External link (opens in new window) [NSD338/2020] – commenced 23 March 2020; judgment delivered 22 December 2020.
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Registered Organisations Commissioner v The Australian Workers' Union & Anor External link (opens in new window) [VID583/2018] – commenced 16 May 2018; judgment delivered against first respondent on 12 August 2020 and second respondent 12 November 2019. Go to the Federal Court's online file [VID583/2018] External link (opens in new window)
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Registered Organisations Commissioner v Australian Hotels Association External link (opens in new window) [VIC1442/2018] – commenced 13 November 2018; judgment delivered 17 September 2019. Go to the Federal Court’s online file [VID1442/2018 External link (opens in new window)]
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Registered Organisations Commissioner v Australian Nursing and Midwifery Federation & Anor External link (opens in new window) [WAD470/2015] – commenced 21 August 2015; judgment delivered on liability on 13 November 2018 and penalty on 14 December 2018. Go to the Federal Court's online file [WAD470/2015 External link (opens in new window)]
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Registered Organisations Commissioner v Transport Workers Union External link (opens in new window)[NSD2041/2016] – commenced 25 November 2016; judgment delivered 2 February 2018. Appeal: Transport Workers Union of Australia v Registered Organisations Commissioner External link (opens in new window) [NSD232/2018]– judgment delivered 21 November 2018
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Registered Organisations Commissioner v Michael Mijatov External link (opens in new window) [NSD2181/2016] – commenced 19 December 2016 and concluded on 22 June 2018. Go to the Federal Court's online file [NSD2181/2016 External link (opens in new window)]
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General Manager of the Fair Work Commission v James McGiveron and Richard Burton External link (opens in new window) [WAD 363 of 2016] – commenced on 8 August 2016 and concluded on 21 April 2017
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General Manager of Fair Work Australia v Musicians’ Union of Australia & Anor External link (opens in new window)[VID620/2014] – commenced 21 October 2014 and concluded on 30 March 2016
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General Manager of Fair Work Australia v Craig Thomson External link (opens in new window)[VID 798/2012] – commenced 15 October 2012 and concluded on 15 December 2015. Go to the Federal Court's online file [VID798/2012] External link (opens in new window)
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General Manager of Fair Work Australia v Health Services Union & Ors External link (opens in new window) [VID 380/2012] – commenced 23 May 2012 and concluded on 10 September 2014. Go to the Federal Court's online file [VID380/2012] External link (opens in new window)
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General Manager of Fair Work Australia v Health Services Union External link (opens in new window) [VID1128/2012] – commenced 21 December 2012 and concluded 4 December 2013. Go to the Federal Court's online file [VID1128/2012] External link (opens in new window)