Australian and International Pilots Association
[2019] FWCD 2638
•25 June 2019
| [2019] FWCD 2638 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian and International Pilots Association
(R2019/36)
| MURRAY FURLONG | MELBOURNE, 25 June 2019 |
Alteration of other rules of organisation.
On 8 April 2019 the Australian and International Pilots Association (“the AIPA”) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.
The particulars set out alterations to the following Rules:
3 – Objects
3A – Definitions
5 – Application for Membership
6 – Qualifying Period for Membership
10 – Rate Payable by Full Members
11– Method of Payment
14 – Registered Office
16B – Training in Financial Management
19 – Indemnity
24B – Powers and Duties of Vice-President (Flight Engineers)
24C – Powers and Duties of Vice President (“A” Pilots)
25 – Powers and Duties of Organisation Secretary
27 – Powers and Duties of Treasurer
31 – Proxies – Committee of Management
32 – Notice of Meetings – Committee of Management
33 – General Meetings and Notice of Meeting
36 – Proxies – General Meetings
37 – Notices to Members
38 – Nomination and Election of Committee of Management of the Organisation
42 – Removal from Office
44 – Register of Members
51 – Absentee Voting
53 – Dissolution of Organisation
57 – Authorisation and Notification of Industrial Disputes
Requirements of Regulation 126
Regulation 126 of the Fair Work (Registered Organisations) Regulations 2009 provides amongst other things, that alterations to rules that will be considered under section 159 of the Act must be lodged within 35 days after the alteration is made, or within any additional period the General Manager allows. Further, if the organisation has a website, it must publish on its website, within the same period, a notice that the alterations have been lodged.
In this instance, the alterations were made at a Special General Meeting of the Committee of Management held 12 February 2019. The notice of alteration of rules was lodged with the Fair Work Commission on 8 April 2019, at least 56 days after the alterations were made.
On 17 April 2019, Mr Christopher Hewett, Secretary of the AIPA, sought an additional period to comply with regulation 126, and as such, an application for an extension of time was submitted on this date.
The application for an extension of time explains that the notice was lodged outside of the 35 day timeframe due to a misunderstanding regarding when the 35 day time period commences and when the rule change is made.
In preparing its application, the AIPA relied on the Fair Work Commission’s fact sheet published on 30 March 2014 which stipulates the 35 day time frame and specifically that an alteration takes effect on the day of certification by the General Manager of the Commission. Due to the rule alteration not taking effect until the day of certification, it was assumed by the AIPA that the day the alterations are made is the day of certification by the Fair Work Commission, and not the day of approval by the AIPA Committee of Management.
The AIPA acknowledged that their understanding was incorrect.
Regulation 126(1) provides me with discretion to allow any additional period for lodgement of the notification. Having considered the reason for the delay, and noting that AIPA has generally complied with its obligations to lodge within a timely manner, I allow an additional period for lodgement.
Proposed Rule Alterations
The alterations to Rules 3, 44 and 57 update the reference to outdated legislation.
The alteration to Rule 3A removes the definition of the General Manager.
The alterations to Rules 5, 6, 19, 24B, 24C, 25, 31, 32 and 42 modify the wording of the respective rule to include gender inclusive pronouns.
The alterations to Rule 10 modify the wording of the rule to include gender inclusive pronouns, in addition to clarifying that further subscription fees are payable once operational as a line pilot or flight engineer. The alterations also change the word ‘times’ to be read as ‘multiplied’.
The alteration to Rule 11 updates the method of payment to direct debit, in the place of cheque, cash, Money Order or Postal Note. The alteration also modifies the wording to include gender inclusive pronouns.
The alteration to Rule 14 updates the Organisation’s Registered Office to reflect their current address.
The alteration to Rule 16B updates the requirement that all members of the Committee of Management shall undertake training approved by the Registered Organisations Commissioner or the Commissioner’s Successor.
The alteration to Rule 27 modifies the wording of the rule to include gender inclusive pronouns. The alteration updates the powers and duties of the Treasurer which specifically relates to the Treasurer ensuring records of Membership are properly kept and whenever able, to attend all meetings of the Committee of Management. The alteration removes the Treasurer’s duty of signing all membership cards.
The alteration to Rule 33 confers that the President or the Committee of Management may whenever ‘considered appropriate’ convene a Special General Meeting. This phrase replaces the words ‘he or it thinks fit’.
The alteration to Rule 36 modifies the wording of the rule to include gender inclusive pronouns and to include the words ‘the’ and ‘absolutely’. This alteration removes the word ‘such’.
The alteration to Rule 37 modifies the wording of the rule to include gender inclusive pronouns, and removes the word ‘telegram’ to demonstrate that this form of notice is no longer required to be provided to members.
The alteration to Rule 38 removes this rule in its entirety. Given that the Australian Electoral Commission conducts the election and retains all relevant election materials, this rule is therefore rendered as inapplicable.
The alteration to Rule 51 modifies the wording of the rule to include gender inclusive pronouns, and enables the ballot paper to be sent to a nominated address if a member is absent.
The alteration to Rule 53 rectifies a typographical, clerical or formal error.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
On 17 April 2019 and 24 April 2019, Mr Christopher Hewett, Secretary of the Australian and International Pilots Association, 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 31(d), a ‘,’ was missing between the words ‘or’ and ‘in’;
In proposed rule 36(d), a ‘,’ was missing between the words ‘or’ and ‘in’;
In proposed rule 44, the words ‘Fair Work (Registered Organisations) Act 2009’ should replace ‘Fair Work Act 2009’ and the words ‘Fair Work (Registered Organisations) Regulations 2009’ should replace ‘Fair Work Regulations 2009’;
In proposed rule 51, a ‘,’ was missing between the words ‘ballot’ and ‘such’; and
In proposed rule 57, the words ‘Fair Work Act 2009’ should be italicised.
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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