Association of Consulting Architects - Australia

[2024] FWCD 1049

[2024] FWCD 1049

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Association of Consulting Architects - Australia

(R2024/113)

CHRIS ENRIGHT MELBOURNE, 3 OCTOBER 2024

Alteration of other rules of organisation.

1. On 6 and 7 August 2024 the Association of Consulting Architects – Australia (ACA-A) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Further information in support of the alterations was lodged on 27 August 2024.

1. The ACA-A seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).

1. Based on the information contained in the notice and declaration, and additional information provided on 27 August 2024, I am satisfied that the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to Rules 3, 8A, 8B, 10, 14, 23, 24, 25, 26, 28, 33, 36 and 46. The alterations also seek to insert a new Rule 8C regarding Affiliate Students.

1. The alterations concern a range of uncontroversial issues including the following:

   ·they give a general right to financial members to appoint a proxy in relation to general meetings;[1]

   ·they reduce the quorum for general meetings from 20 to 15 financial members;[2]

   ·they confirm that only financial members have the right to vote at general meetings;[3]

   ·they insert new provisions regarding Affiliate Students;[4]

   ·they clarify the process for the conduct of ‘recall’ elections for Branch Committees when the number of nominees in an election is lower than the number of vacant offices on the relevant committee;[5]

   ·they clarify the manner for calling Annual General Meetings and Extraordinary General Meetings, where those meetings are held in whole or in part by technological means;[6]

   ·they update existing references in the rules to the ‘Registered Organisations Commission’ with references to the ‘Fair Work Commission’;[7]

   ·they delete a number of definitions which related to superseded provisions of the Act regarding the ‘remuneration’ of officers and related matters;[8]

   ·they confirm that unfinancial members do not have the rights of financial members;[9] and

   ·they clarify the manner in which persons can apply to be Affiliate Members or Retired Associates of the ACA-A.[10]

2. In my opinion, the alterations comply with and are not contrary to the Act, the Fair Work Act 2009, modern awards and enterprise agreements, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.

DELEGATE OF THE GENERAL MANAGER

[1] See Rules 10(2) and 26.

[2] See Rule 25(1)(b).

[3] See Rules 25(6)(a) and 46(3).

[4] See Rule 8C. I note that Affiliate Students are not members of the ACA-A and are not afforded the rights of members under the proposed alterations.

[5] See Rule 36.

[6] See Rules 23(2) and 24(3)(c) respectively.

[7] See Rules 28 and 36.

[8] See Rule 3.

[9] See Rule 14.

[10] See Rules 8A and 8B. I note that neither Affiliate Members nor Retired Associates are members of the ACA-A and neither are afforded the rights of members under the rules.

Printed by authority of the Commonwealth Government Printer

<PR779448>