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Enforcing provisions of the RO Act

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