Australian Education Union-Queensland Branch

[2013] FWCD 9907

[2013] FWCD 9907

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Education Union
(R2013/267)
MR ENRIGHT	MELBOURNE, 17 DECEMBER 2013
Alteration of other rules of organisation.

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

[2] The particulars provide for the insertion of new rules 17B, 17C, 17D, 17E, 17F and 17G into the rules of the Branch. 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 organisation.

[3] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[4] On 12 December 2013 Graham Moloney, Branch Secretary, 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 the heading of rule 17C “ORGANISATION/” should be deleted
	In rule 17C “organisation/” should be deleted
	In sub-rule 17D(1)(b) the word “details” should be “duties”
	In sub-rule 17D(2) “sub-rule (A)” should be “sub-rule(1)”
	In sub-rule 17D(4) “sub-rule (C)” should be “sub-rule (3)”
	In sub-rule 17E(2) “sub-rule (A)” should be “sub-rule (1)”
	In sub-rule 17E(3) “sub-rule (A)” should be “sub-rule (1)”
	In sub-rule 17E(4) “sub-rule (C)” should be “sub-rule (3)”
	In sub-rule 17F(2) “Sub-rule (A)” should be “Sub-rule (1)”
	In sub-rule 17F(3) “sub-rule (A)” should be “sub-rule (1)”

[2013] FWCD 9907

[5] 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.

[6] 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.

DELEGATE OF THE GENERAL MANAGER

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