Deregistered organisations

Another reason for an organisation to be deregistered is as a punitive measure. The Australian Building Construction Employees and Builders' Labourers' Federation is one example. It was deregistered in 1974 primarily on the grounds that 'green bans' placed by its NSW Branch did not further the interests of the organisation or its members and so were incompatible with registration under the Conciliation and Arbitration Act.[31] Later, with the NSW Branch controlled by the Federal Office, the Federation applied for reregistration. A new registration was granted in 1976. The Federation was again deregistered in 1986, this time for 'serious industrial misconduct'. Deregistration occurred simultaneously at federal and state levels (with the cancellation of registration/recognition by New South Wales, Victoria, the Australian Capital Territory and the Northern Territory). Much of the membership of the deregistered Federation was absorbed by other building unions such as the Federated Engine Drivers and Firemen's Association of Australasia, the Building Workers' Industrial Union of Australia and the Australian Workers' Union.

The Federation's application in 1989 for federal reregistration was met with objections by these unions that the Federation's former coverage was now adequately handled by them. Reregistration was not granted and in 1994 the remaining state-registered branches of the Federation decided to amalgamate with the federally registered Construction, Forestry, Mining and Energy Union.

Deregistration does not necessarily mean that a union ceases to operate. The Building Workers' Industrial Workers Union of Australia was deregistered for punitive reasons in 1948, but continued to exist as an unregistered 'association' up to 1962, when it was reregistered. The unregistered association was even cited by ACTU President Albert Monk as a union to which workers could 'conveniently belong', in his objection to the registration of the breakaway Amalgamated Society of Carpenters and Joiners of Australia in the early 1950s.[32]

Organisations are also deregistered for technical reasons. The Permanent and Casual Wharf Labourers Union of Australia had its registration of 1926 cancelled the following year due to successful appeals by the Waterside Workers' Federation of Australia and the Federated Storemen and Packers' Union of Australia asserting that it did not comprise the required one hundred members at the time of its application for registration.[33] The union promptly reregistered later in 1927. The Australian Industrial Relations Commission's review of the registration of 'small organisations' under the Industrial Relations Act will be examined later.

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