Australian Education Union-Western Australia Branch

[2013] FWCD 10182

[2013] FWCD 10182

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Education Union
(R2013/356)
MR ENRIGHT	MELBOURNE, 24 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 12 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
Western Australia Branch of the Australian Education Union (the Branch).

[2] The particulars provide for the insertion of new rule 22 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] The rules largely incorporate the requirements of the Amendment Act. However, for the following reasons, I consider that the rules will not meet all of the requirements of the

Fair Work (Registered Organisations) Act 2009 (the RO Act) once the amendments become

operational on 1 January 2014.

[5] From 1 January 2014, section 148A(2)(a)(ii) of the RO Act will mandate that the rules of a branch must require the disclosure, by each officer of the branch, of any remuneration paid to the officer because the officer is a member of a Board, if the officer was nominated for the position of member of the Board by, among others, the organisation. As sub rule 22(2)(A)(a)(ii) omits a reference to the organisation, the rule will not meet all of the requirements of section 148A(2)(a)(ii).

[6] Notwithstanding the omission noted above, the substance of the rule alterations does comply with the statutory requirements. Although a further alteration is needed, this does not prevent the certification of the alterations that have been made. However the omission of the reference to organisation in sub rule 22(2)(A)(a)(ii) will need to be amended by the organisation as expeditiously as possible in order to ensure full compliance with the provisions of the Amendment Act.

[2013] FWCD 10182

[7] On 13 December 2013, Mr Anthony Mullen, the Branch Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make an amendment to the alterations for the purpose of correcting a typographical, clerical or formal error. Accordingly the following correction has been made:

 In proposed rule 22(5)A(a) the reference to ‘section 54C’ has been changed to

‘section 154C’.

[8] 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.

[9] 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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