During 2016–17, the FWC continued to pursue legal proceedings against the Australian Nursing and Midwifery Association (ANMF). The Commissioner is now the applicant in these proceedings. The FWC also commenced three further civil proceedings, one of which was completed and two of which were transferred to the ROC. The allegations, orders sought and outcomes, if finalised, are detailed in the Table 13.
Table 13: Alleged contraventions and orders sought under s. 310(1)(a) of the RO Act, 2016–17
| Name |
Date |
Alleged contraventions |
Orders applied for |
Date of completion |
Outcome |
| Registered Organisations Commissioner v Michael Mijatov [NSD 2181/2016]* |
19 December 2016 |
Failing to discharge his duties with care and diligence
Failing to provide annual budgets as required under the FAAA’s rules
Improperly using his position to gain an advantage in approving more than 12 weeks back-pay for himself in 2011
|
Declarations, civil penalties and compensation to the FAAA, costs and any other order the Court deems appropriate |
Ongoing |
N/A |
| Registered Organisations Commissioner v TWU [NSD 2041/2016] |
25 November 2016 |
Failing to remove un-financial NSW members from its register
Failing to keep a register in NSW and WA
Failing to keep a copy of the member register for a Qld Branch election (referral from the TURC)
|
Declarations, civil penalties and any other order the Court deems appropriate |
Ongoing |
N/A |
| General Manager of the FWC v James McGiveron & Richard Burton [WAD 363/2016]** |
8 August 2016 |
Arranging for the purchase of luxury, customised utility vehicles for their personal use
Involvement in the Branch Committee of Management’s adoption of a redundancy policy
Failing to exercise care and diligence.
Failing to act in good faith
Acting contrary to the best interests of the TWU (referral from the TURC)
|
Declarations, civil penalties and any other order the Court deems appropriate |
21 April 2017 |
Declarations obtained, civil penalty payment orders: $16 000 (McGiveron) and $49 900 (Burton) to be paid to the Commonwealth, reduced to $11 000 and $27 300 respectively if paid within 74 days of date of orders (21 April 2017). |
| Registered Organisations Commissioner v ANMF & Mark Olson [WAD 470/2015]*** |
21 August 2015 |
The WA Branch failed to comply with its financial reporting obligations in 2009–10, 2010–11 and 2011–12 |
Declarations, civil penalties and any other order the Court deems appropriate |
Ongoing |
N/A |
* Former International Division Secretary, FAAA
** Former Branch Secretaries, TWU WA Branch
*** WA Branch Secretary, ANMF