Australian Directors Guild Limited

[2020] FWCD 5791

[2020] FWCD 5791

FAIR WORK COMMISSION

0BDECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Directors Guild Limited

(R2020/146)

MURRAY FURLONG MELBOURNE, 19 NOVEMBER 2020

Alteration of other rules of organisation.

1. On 14 September 2020 the Australian Directors Guild Limited (the Guild) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. A fundamental error was identified in the original declaration and a replacement declaration was lodged on 28 October 2020, along with further material in support of the application.

1. On the information contained in the replacement notice and accompanying materials, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars seek to insert Rules 1(9) and 3(9.5) to the Election Rules Schedule. The Election Rules Schedule sets out the manner of election for holders of office in the Guild.

1. The Fair Work (Registered Organisations) Act 2009 (the Act) requires the rules of an organisation to provide for the election of the holder of each office in the organisation.P0F[1]P Where a ballot is required in order to determine the successful candidate or candidates, it must be a secret ballot.P1F[2]P Rules about secret ballots must specify the day on which the roll of voters for the ballot closes.P2F[3]P The Guild does not currently have such a rule.

1. Proposed Rule 1(9) of the Schedule remedies this deficiency. It states that the roll of voters shall close seven days prior to nominations opening. The Act requires the day the roll of voters closes to be no earlier than 30 days and no later than 7 days before the day on which nominations for the election open.P3F[4]P

1. Proposed Rule 3(9.5) explains the process for resolving a tied ballot. It is appropriate to make provision for this contingency. It helps to ensure, as far as practicable, that no irregularities can occur in relation to an election.P4F[5]P

1. In my opinion, the alterations bring the Guild’s rules in line with the requirements of the Act and remedy shortcomings in the Guild’s current rules.

1. On 30 September 2020, Mr Stephen Wallace, Treasurer, gave consent, under subsection 159(2) of the Act 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 3(9.5), the word ‘of’ has been inserted between ‘presence’ and ‘any.’

·   In proposed rule 3(9.5), the word ‘that’ has been amended to ‘than.’

1. In my opinion, the alterations comply with and are not contrary to the 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 Act.

UDELEGATE OF THE GENERAL MANAGER

[1] See s 143(1)(a).

[2] See s 143(1)(e).

[3] Ibid.

[4] See s 143(3).

[5] See s 143(1)(f).

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