Australian Entertainment Industry Association

[2020] FWCD 1225

[2020] FWCD 1225

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Entertainment Industry Association

(R2019/159)

MURRAY FURLONG MELBOURNE, 27 April 2020

Alteration of other rules of organisation.

1. On 16 December 2019 the Australian Entertainment Industry Association (the Association) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.

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

1. The particulars set out alterations to Rules

   17 – Eligibility to nominate as Candidate for Election and Hold Office

   25 – Removal of Officers and Members of the Executive Council; and
              36 – Alteration of rules.

1. Rule 17 in its current form prescribes three circumstances in which a candidate is neither eligible to nominate or continue to hold office. Specifically, an individual is ineligible for nomination or office where they are of unsound mind (or liable to be dealt with under any law relating to mental health), have been declared bankrupt, or have been convicted of an offence prescribed under the Fair Work (Registered Organisations) Act 2009 (the RO Act).

1. The alterations to Rule 17 have the effect of prescribing two additional circumstances under which an individual may not be eligible to nominate or hold office. These include where their appointment as duly appointed nominee of a Member has been revoked or is replaced, and where the Member of whom they are the duly appointed nominee has ceased to be a Member of the Association.

1. The alterations to Rule 25 speak to the abovementioned Rule 17 and affirm that an elected Officer of the Association will be removed from office where they have ceased to be eligible to hold the office under the Rules of the Association.

1. The alterations to Rule 36 create new provisions whereby the Rules of the Association may be amended, altered or rescinded by the Executive Council (rather than the Members in General Meeting) in certain, limited circumstances. Such circumstances include where it might be necessary to provide clarity, correct anomalies, or bring the Rules of the Association into alignment with legislative requirements.

1. 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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