Why Reamster Registration Should Be Canceled? Essay Example

According to the Fair Work Act chapter 2, there is a simplified outline that guides associations or corporations on the registration process alongside requirements needed for all corporations to follow to meet the registration process (Macdonald & Charlesworth, 2013).  There are criteria for registering companies, and based on the case study provided, the Reamsters meets this criterion as a registrable association of employees. However, as highlighted, if the association fails to serve the purpose it was meant to serve, it is bound for deregistration. Based on the provisions of the Fair Work Act, the registration of Reamsters is bound for cancellation. The following are the supporting pieces of evidence based on the requirements of the Fair Work Act of 2009 that support why the Reamster registration should be canceled.

The Act Section 3 stipulates more about the cancellation of registration and how cancellation can be applied. In the first instance, the Act states that the application of cancellation of association registration can be used by any person or organization or the minister (Australia, 2010). In this case, the cancellation can be made if the person or organization deems that the association or organization has breached the modern award or the order of enterprise agreement. The agreement, in this case, involves the objectives and purpose of registering the association. Based on the case study, Reamsters has, on several occasions, campaigned against the provisions of the Fair Work Act of 2009 against all employees alongside employers. An Act forms part of the State awards, and it applies to all employees, and going against it means the association or organization’s registration would be canceled.

The registration of the Reamsters can be canceled. An application may be made under s 28 of the FW (RO) Act for deregistration of the Reamsters on the following grounds:

1. Through its boycott of delivering food and medicine to county towns in the northeastern part of NSW, there are grounds for deregistration under s 28(c) FW (RO) Act: the organisation has engaged in industrial action (other than protected action), which has had, is having or is likely to have a ‘substantial adverse effect on the safety, health or welfare of the community or a part of the community.’
2. Through its failure to comply with orders of the Federal Court, there are grounds for deregistration under s 28(d) FW (RO) Act. This is applicable when the organisation has failed to comply with an injunction enforcing an order by the FWC under s 421(3) to refrain from industrial action, an order made concerning an infringement of the general protections in Part 3-1 of the FW Act, or specific provisions of the FW (RO) Act.
3. Through its campaign for all employers and employees to disregard the provisions of the FW Act, there are grounds for deregistration under s 28(a) FW (RO) Act: prevented or hindered the achievement of an object of the Act, concerning a continued breach of an award, enterprise agreement or order of the FWC, or ‘in any other respect.’
4. Through its unprotected industrial action of refusing to deliver any goods to Toolies or Scoles supermarkets, there are grounds for deregistration under s 28(b) FW(RO) Act. It includes engaging in industrial action (other than protected action) that has interfered with the activities of a federal system employer or the provision of a Commonwealth-State or Territory public service.

On the same note, an application for cancellation of registration can be made if the applicant deems that the association engages in industrial action that interferes of preventing the operations of the federal employers or provisions stipulated for any public service to follow as stated by the Commonwealth or territory alongside State (Layton, Smith & Stewart, 2013). For example, if the corporation if after registration association engages in activities that affect the operations of the State or Commonwealth, then such association or organization can be stopped from undertaking its operations. In the case of Reamsters, the corporation has failed to comply according to the Federal Court orders in line with unprotected industrial action. The orders reinstated for Reamsters were in line with its misconduct where in six months, it boycotted deliveries of food and medicine to various towns in the country, which led to severe shortages of food. Due to a lack of food, the people’s health deteriorated, leading to malnutrition amongst the communities. This is in line with the fourth case of an application where an organization can be stopped from registration if it fails to meet the federal court’s mandate or injunction under subsection 421 part 3 of the Act.

Apart from that, part c of the Act in section three stipulates that an association can be stopped from undertaking its operations if the applicant perceives that the organization engages in industrial activities that have adverse effects on people or population, mainly in areas of safety, health, and welfare (Macdonald & Charlesworth, 2013). As it is, Reamster already caused health issues to the communities, such as malnutrition for failing to deliver food to those communities. For example, according to the case study, Reamster has engaged in unprotected industrial action. It refused to deliver goods to Scoles supermarket or Toolies across Australia and within their branches in the country, leading to losses in tens of millions in these corporations. These are sufficient grounds to cancel the registration of Reamster for failure to operate based on industry guidelines and the Fair Act of 2009 Section 285 FWA.

Practical consequences of this cancellation

In the first instance, the organization will be allowed to be heard in the court of law under subsection 1A of the Act, after which the court will determine the grounds of the cancellation process (Australia, 2010). After that, the organization or association ceases to be part of the organization registered under the Fair Work Act of 2009 Section 510 FWA (Subdivision D). The corporation is subjected to penalties or liabilities incurred by the organization. In this case, Reamsters will be forced to pay losses incurred by Scoles supermarket and Toolies. On the same note, the organization members shall not benefit from the modern award applicable to its corporation. If an organisation is deregistered, two practical consequences are:

5. Section 32(a): the organisation ceases to be an organisation and a body corporate under the FW (RO) Act and reverts to its status as an association.
6. Section 32(b): the cancellation of registration does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation.

Conclusion

Yes, an application may be made under Section 28 of the FW (RO) Act for deregistration on a range of grounds essentially related to ‘delinquent’ conduct by the Reamsters, inconsistent with participation in the Fair Work system.