Australian and International Pilots Association

Case

[2014] FWCD 8890

12 December 2014

No judgment structure available for this case.

[2014] FWCD 8890

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian and International Pilots Association
(R2013/339)
MR ENRIGHT MELBOURNE, 12 DECEMBER 2014
Alteration of other rules of organisation.

[1] On 18 July 2013 the Australian and International Pilots Association lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the Australian and International Pilots Association.

[2]        The particulars set out alterations to rule 33 and insert new rule 16F.

[3] Following a series of discussions between the staff of the Commission and the organisation, the organisation held a further meeting of the Committee of Management on 9 December 2014. At that meeting the Committee of Management passed a second resolution rescinding the introduction of rule 16F and pressing certification of the alteration to rule 33.

[4] Sub rule 33(c) currently provides that a Special General Meeting of the organisation must be called on requisition in writing of at least 25 members of the organisation. It is being altered so that at least 1 percent of the members of the organisation can requisition a Special General Meeting of the organisation. This clarifies that rule 33 can be used under section 266(3) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) by the organisation to take a General Purpose Financial Report to a Committee of Management Meeting in lieu of a general meeting of members.

[5] On the information contained in the notice, I am satisfied the alteration to rule 33(c)

has been made under the rules of the organisation. I am further satisfied that the organisation
has rescinded the alteration to proposed rule 16F.
[2014] FWCD 8890

[6] In my opinion, the alteration complies with and is not contrary to the RO Act, the Fair Work Act 2009, modern awards and enterprise agreements, and is 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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