Association of Professional Engineers, Scientists and Managers, Australia, the

[2013] FWCD 9214

[2013] FWCD 9214

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Association of Professional Engineers, Scientists and Managers,

Australia

(R2013/29)

MR ENRIGHT	MELBOURNE, 11 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 12 September 2013 The Association of Professional Engineers, Scientists and Managers, Australia (the organisation) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the organisation.

[2] The particulars provide for the insertion of Appendix N into the rules of the organisation. The alterations were made for the purpose of complying with provisions of the

Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding

the rules of registered organisations. In particular, the alterations provide for specified disclosures, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

[3] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[4] On 10 December 2013, Robyn Porter, National Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

	In proposed rule Definitions (d) Declared person or body, ‘sub-rule3(A)’ is replaced by ‘sub-rule 3A’;
	In proposed rule Definitions (o) Relevant remuneration, ‘sub-rule 2(A’ is replaced by ‘sub-rule 2A’;
	In proposed rule 2A.2, ‘sub-rule (2.1)’ is replaced by ‘sub-rule (2A.1)’;
	In proposed rules ‘(2B.1.1)’ and ‘(2B.1.2)’ the brackets are removed;
	In proposed rule 2B.2, ‘sub-rule (2B.1’ is replaced with ‘sub-rule 2B.1’;
	In proposed rule 2B.2.4, ‘2B.2.4’ is replaced with ‘2B.4’;
	In proposed rule 2B.2.4, ‘sub-rule(2B.2.3)’ is replaced by ‘sub-rule (2B.3)’;
	In proposed rule 2B.3.1, ‘Officres’ is replaced by ‘Officers’;
	In proposed rule 3A.3, ‘sub-rule (3A.2)’ is replaced by ‘sub-rule (3A.1)’;
	In proposed rule 3B.3, ‘sub-rule(3B.2)’ is replaced by ‘sub-rule (3B.1)’;
	In proposed rules 4B through to 4B.2(a) and 4B.3 the underlining is removed;
	In proposed rule 4A.2(b)(ii), ‘Office’ is replaced by ‘Officer’;

[2013] FWCD 9214

	In proposed rule 4B.1.1(i), ‘Branch’ is replaced by ‘Division’;
	In proposed rule 4B.2(b)(ii), ‘Officer`’ is replaced by ‘Officer’ and
	In proposed rule 4B.3, ‘sub-rule (A)’ is replaced by ‘sub-rule (4B.1A)’.

[5] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment

Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on

1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[6] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (the RO Act), the Amendment Act, 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 RO Act as modified by item 38 of

Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

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