Australasian Meat Industry Employees Union, the

[2013] FWCD 4187

[2013] FWCD 4187

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Australasian Meat Industry Employees Union
(R2013/36)
MR ENRIGHT	MELBOURNE, 10 OCTOBER 2013
Alteration of other rules of organisation.

[1] On 3 May 2013, The Australasian Meat Industry Employees Union (the AMIEU)

lodged with the Fair Work Commission (the Commission) a notice and declaration setting
out particulars of alterations to the rules of the AMIEU.

[2] The particulars provide for the insertion of new sub-rules 15A, 15B, 18A, 18B, 18C, 18D, 52A and 52B into the rules of the AMIEU. 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 AMIEU and its branches.

[3] On 28 June 2013, further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the AMIEU on 12 July 2013 and advised that the AMIEU may wish to consider the implications of the further amendments upon the proposed alterations.

[4] On 18 July 2013, the AMIEU wrote to the Commission advising that the Federal Executive of the AMIEU was considering making further rule alterations in light of the amendments made to the Amendment Act.

[5] On 16 August 2013, the AMIEU lodged with the Commission a further notice and declaration setting out particulars of further alterations made to the rules of the AMIEU.

[6] On the information contained in the notices lodged on 3 May and 16 August 2013, I am satisfied the alterations have been made under the rules of the organisation.

[7] On 21 August 2013, Mr Graham Smith, Federal Secretary of the AMIEU, 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:

[2013] FWCD 4187

	In proposed rules 18A.3, 18B.3, 18C.7, 18D.4, 52A.3 and 52B.4 the word “as” as it appears immediately after the words “Fair Work (Registered Organisations) Act
2009” was corrected to “has”.
	In proposed rules 18D.2A and 52B.2A the word “sub-rle” was corrected to “sub- rule”.

[8] 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.

[9] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009, 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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