Australian Business Industrial

[2013] FWCD 3476

[2013] FWCD 3476

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Business Industrial
(R2013/43)
MR ENRIGHT	MELBOURNE, 27 SEPTEMBER 2013
Alteration of other rules of organisation.

[1] On 23 May 2013 Australian Business Industrial (the ABI) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the ABI.

[2] The particulars provide for the insertion of new rules 79, 80, 81, 82 and 83 into the rules of the ABI, as well as further definitions to be inserted into the existing rule 1. 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 ABI.

[3] On 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the ABI on 1 July 2013 and advised that the ABI may wish to consider the implications of the further amendments upon the proposed alterations.

[4] On 4 July 2013 a representative of the ABI contacted the Commission by phone and

advised that the ABI Council would discuss the proposed alterations in light of the further
legislative amendments, in its next scheduled meeting in August 2013.

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

[6] On 29 August 2013 the Commission wrote to the Secretary of the ABI and requested

an amended declaration, to include declared statements required under regulation 126(2) of
the Fair Work (Registered Organisations) Regulations 2009.

[7] On 20 September 2013 the ABI lodged with the Commission an amended notice and declaration, dated 18 September 2013, which included the required statements.

[8] On the information contained in the notices of 23 May; 16 August and 18 September 2013 respectively, I am satisfied the alterations have been made under the rules of the ABI.

[2013] FWCD 3476

[9] In the amended declaration, dated 18 September 2013, Mr Bosworth also gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make a minor amendment to the alterations for the purpose of correcting a typographical, clerical or formal error. Accordingly, the following correction has been made:

 In proposed sub-rule 82(d)(ii), the word “years” was corrected to “year”.

[10] 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.

[11] 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.

[2013] FWCD 3476

DELEGATE OF THE GENERAL MANAGER

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