Document ID: chunk:federal_register_of_legislation:C2024C00345:section:28:p1
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 28 (pt 1/3)
Character Range: 87745–90341

28  Application for cancellation of registration
 (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:
 (a) the conduct of:
 (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or
 (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);
  has prevented or hindered the achievement of Parliament's intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or
 (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:
 (i) the activities of a federal system employer; or
 (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or
 (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that 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; or
 (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:
 (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or
 (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or
 (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or
 (v) an order made under section 23 (which deals with contraventions of the employee associations provisions); or
 (vi) an order made under