REGISTERED ORGANISATIONS – registration – s.18(b) Fair Work (Registered Organisations) Act 2009 – s.590 Fair Work Act 2009 – application to register the Korean Workers Union (KWU) as an organisation – number of unions filed objections (Union objectors) – KWU lodged application for leave to alter rules which Union objectors opposed – pressed objections and raised issues about organisations, allegedly linked to KWU, incorporated under NSW legislation (NSW incorporated entities) – draft Notice to Produce (NTP) lodged by Union objectors containing 50 items related to matters including membership of KWU, employment status of KWU office holders and membership and activities of NSW incorporated entities – KWU agreed to provide some items but generally alleged NTP oppressive – objections based on relevancy and confidentiality – parties agreed NTP objections to be dealt with before application for leave to amend – Commission considered approach to NTP taken in number of authorities including Clermont Coal P/L and Australia Nursing Federation – Commission noted that while draft NTP was broad in scope and detailed in information sought, application for registration of organisation was unusual and may be subject of lengthy and contentious proceedings – Commission to be assisted by early provision of relevant information – as Union objectors intended to challenge a range of technical aspects of the matters relating to establishment of KWU, status of its office holders and membership of KWU, Commission took a flexible approach to NTP – Commission deleted some aspects of draft NTP as lacked relevance and infringed upon legitimate privacy aspects – found reasonable for KWU to disclose membership so can demonstrate compliance with RO Act but only for purpose of proceedings – confidentiality order made restricting use of information to this purpose – information related to NSW incorporated entities to be disclosed with redactions – Commission issued amended NTP – KWU to file and serve application to amend proposed rules by 7 April 2017. Korean Workers Union
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