Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_28:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 28 (pt 1/2)
Character Range: 48329–50943

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 an award, an order of the Commission, a certified agreement or an old IR agreement or its continued failure to ensure that its members comply with and observe an award, an order of the Commission, a certified agreement or an old IR agreement or in any other respect); or
 (ii) a substantial number of the members of the organisation (in relation to their continued breach of an award, an order of the Commission, a certified agreement or an old IR agreement or in any other respect);
  has prevented or hindered the achievement of an object of this Schedule or the Workplace Relations 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 that has prevented, hindered or interfered with:
 (i) trade or commerce between Australia and a place outside Australia; or
 (ii) trade or commerce between the States; or
 (iii) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
 (iv) 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 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 an injunction granted under subsection 127(6) or (7) of the Workplace Relations Act; or
 (e) 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 an injunction granted under section 187AD of the Workplace Relations Act.

 (2) An organisation in relation to which an application is made under subsection (1) must be given an opportunity of being heard by the Court.

 (3) If the Court:
 (a) finds that a ground for cancellation set out in the application has been established;