Australian Education Union-South Australian Branch

[2013] FWCD 10169

[2013] FWCD 10169

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Education Union
(R2013/269)
MR ENRIGHT	MELBOURNE, 23 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 29 August 2013 the Australian Education Union lodged with the Fair Work

Commission a notice and declaration setting out particulars of alterations to the rules of the
South Australian Branch of the Australian Education Union (the Branch).

[2] The particulars provide for the insertion of new rules 34(1A), 34(1B), 34(1C), 34(1D), 34(1E) 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]        Regulation 126(2)(a) of the Fair Work (Registered Organisation) Regulations 2009

requires an officer of the branch to declare ‘that the alteration was made in accordance with the rules of the organisation’. Mr Jack Major, the Secretary of the Branch has declared that the alterations ‘were made in accordance with Federal Branch Rule 42’.

[5] The Branch Secretary’s statement does not comply strictly with the requirements of

regulation 126(2)(a). The required declaration must encompass all rules of the organisation
pertaining to the procedure for altering the rules, not just Federal Branch Rule 42.

[6] Regulation 126(3) provides me with the discretion to refuse to certify an alteration of a registered organisation’s rules if regulation 126 is not complied with. I have chosen not to exercise this discretion in this instance, notwithstanding the omission in the declaration of the Branch Secretary. I have not exercised this discretion because, as stated in paragraph [3] of this decision, on the information contained in the notice, I am satisfied that the alterations have been made under the rules of the organisation. That said, it is incumbent on the relevant Branch officer to make a declaration that meets fully the requirements of regulation 126(2) in any future notifications of rule alterations.

[2013] FWCD 10169

[7] 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.

[8] 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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