Australian Business Industrial
[2019] FWCD 4889
•22 JULY 2019
| [2019] FWCD 4889 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Business Industrial
(R2019/33)
| MURRAY FURLONG | MELBOURNE, 22 JULY 2019 |
Alteration of other rules of organisation.
On 2 April 2019 the Australian Business Industrial (ABI) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to their rules. Further submissions in support of the application were provided on 21 June and 16 July 2019
On the information contained in the notice and further submissions, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out alterations to Rules
1 - Interpretation
7 – Representative
13 – Membership Registers
36 – Nominations
45 – Office becomes vacant
48 – Office Bearers
49 – Executive Committee
54 – Council meetings and quorum
59 – Proxies, and
80 – Training.
In addition, the particulars delete Rules
81 – Disclosure of officer’s relevant remuneration and non-cash benefits
82 – Disclosure of officer’s material personal interests, and
83 – Disclosure of payments.
The alterations to Rule 1 make amendments to various definitions of terms used throughout the rulebook. ‘Appointed Representative’ is now defined and distinguished from proxies, and terms relating to financial disclosure provisions have been removed.
As a consequence of the alterations to Rule 1, Rule 7 has been amended to reference the newly defined Appointed Representative.
The alteration to Rule 13 removes the requirement for a duplicate copy of the Register of Members to be kept.
The alterations to Rule 36 reframe the information required for nominations to include the nominee’s current position or role, their qualifications, and a 100-word statement of relevant experience. The alterations also require the nominee to provide written consent for the information supplied within their completed nomination to be published as may be required in the course of a contested election.
As a consequence of the alterations to Rule 1, Rule 45 has been amended to reference the newly defined Appointed Representative.
Rule 48 has been altered to provide greater clarity around the way in which office bearers are elected. Rule 48 now specifies the order in which positions are to be filled and provides that whilst eligible members may nominate for multiple positions, once elected to any position remaining nominations are to be deemed withdrawn. Rule 48 also clarifies that members eligible to be elected under this Rule do not need to provide a candidate statement as described in Rule 36.
The alteration to Rule 49 specifies that non-office bearing members elected to the Executive Committee are not required to provide a candidate statement as described in Rule 36.
Rule 54 has been altered to provide that quorum may be established by a combination of those entitled to attend being present or attending by proxy in accordance with Rule 59(a).
The alterations to Rule 59 specify how proxy votes may be cast and counted. Rule 59 makes clear that a poll may also be demanded by any Council Member before or on the declaration of the result of any such vote.
Rules 80, 81, 82 and 83 have been deleted. These rules contained provisions regarding financial disclosures which are now captured within the provisions of the Fair Work (Registered Organisations) Act 2009.
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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