Aged & Community Services NSW & ACT

[2015] FWCD 1150

[2015] FWCD 1150

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Aged & Community Services NSW & ACT
(R2015/15)
MR ENRIGHT	MELBOURNE, 20 FEBRUARY 2015
Alteration of other rules of organisation.

[1]        On 3 February 2015, Aged & Community Services NSW & ACT (the ACS) lodged

with the Fair Work Commission (the Commission) a notice and declaration setting out

particulars of alterations to the rules of the ACS.

[2]        The particulars set out the insertion of new sub-rule 9.2 into, the amendment of the

First Schedule and the deletion of sub-rules 5.2 to 5.15 of the rules of the ACS. The

particulars also provide for the insertion of new rule 7 in its entirety.

[3]        Prior to lodging the notice of particulars in this matter, the ACS lodged an application

under section 158(1) of the Fair Work (Registered Organisations) Act 2009 (the Act) for

consent to an alteration of its eligibility rules on 27 October 2014 in matter D2014/67. That

application also provided that the relevant alterations included the insertion of new rule 7 in

its entirety amongst various other alterations.

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[4] In a decision issued on 6 February 2015, Lawrence DP consented to the alterations to

the eligibility rules of the ACS. In that decision, Lawrence DP determined that only sub-rules

7.2, 7.3 and 7.5 of proposed rule 7 could be properly characterised as an alteration of the

eligibility rules of the ACS. Thus, only those sub-rules of proposed rule 7 could be consented

to by the Fair Work Commission pursuant to s. 158(1) of the Act. The alterations to the

eligibility rules of the ACS consented to by the Fair Work Commission will take effect on the

same date as the alterations in this matter are certified.

[5]        Therefore, for the purposes of determining this matter pursuant to s. 159(1) of the Act,

I have only considered sub-rules 7.1, 7.4, 7.6, 7.7, 7.8, 7.9, 7.10 and 7.11 of proposed rule 7.

[6]        Regulation 126(1) of the Fair Work (Registered Organisations) Regulations 2009 (the

Regulations) provides that if an alteration of the rules (other than the eligibility rules) of a

registered organisation is made, the organisation must lodge with the Commission a notice of

particulars setting out the alterations within 35 days after the alteration is made or within any

additional period that the General Manager of the Commission may allow. The alterations

were made by special resolution during the Annual General Meeting of the ACS on 7 October

2014.
[2015] FWCD 1150

[7]        Contained within the declaration of Ms Vivienne Allanson, President of the ACS,

made on 3 February 2015 and lodged with the notice of particulars is a request for an

extension of time to lodge the notice of particulars. The request notes that the ACS previously

attempted to lodge a notice of particulars on 15 October 2014 and provides that the reason for

the delay in lodgement of the notice of particulars in this matter was due to the issues that

arose regarding making the application in matter D2014/67 and being reliant upon the advice

of the Commission in this regard.

[8]         Given the need to maintain the internal consistency of the rules of the ACS generally

and coherence with the alterations to the eligibility rules in particular, I will grant the ACS an

additional period of time to lodge the notice of particulars on 3 February 2015 pursuant to

regulation 126(1) of the Regulations.

[9]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[10]      In my opinion, the alterations comply with and are not contrary to the Fair Work

(Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise

agreements, and are not otherwise contrary to law. I certify accordingly under subsection

159(1) of the Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

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Endnotes:

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Aged & Community Services Association of NSW & ACT [2015] FWC 904