Australian Entertainment Industry Association

[2019] FWC 2069

[2019] FWC 2069

The attached document replaces the document previously issued with the above code on 29 March 2019.

Incorrect referencing has been amended.

Ms Kearnes

Associate to Senior Deputy President Hamberger

Dated 29 March 2019

[2019] FWC 2069

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations

Australian Entertainment Industry Association
(D2018/9)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 29 MARCH 2019

Alterations to eligiblity Rules 4 and 5.

[1] On 19 December 2018 the Australian Entertainment Industry Association (AEIA) filed an application for consent, under s.158 of the Fair Work (Registered Organisations) Act 2009 (RO Act), to an alteration to its eligibility rules.

[2] The alteration will delete Rules 4 and 5 replace them with (renumbered) Rules 5 and 6 as follows:

5. MEMBERSHIP:

Membership of the Association will be limited to any Person approved by the Executive Council who:

a) is the proprietor of a theatre or other place designed or capable of being used for any public entertainment or assembly;

b) carries on business as an entrepreneur and/or producer and/or venue of entertainments open to the general public, whether live entertainments or entertainments and events recorded on any media or by any other means and whether such entertainments take place or are intended to take place in theatre halls, restaurants, music bowls, arenas, stadiums, entertainment centres, convention and exhibition centres, cinemas, casinos or other places or by any means of communication;

c) carries on business providing goods and services for a Member or Members of the Association such as, but not limited to, costumes and millinery, scenery, stage properties, lighting, sound, publicity material, programmes, tickets and ticket sales and other materials and/or services required by such Member or Members; or

d) carries on business in any form of entertainment including, but not limited to, arts, leisure, amusements or sporting activities.

6. MEMBERSHIP BY ORGANISATIONS:

For the purposes of Rules 5, 7, 17 and 40, corporate and partnership Members must vote by a duly appointed nominee whose appointment must be notified in writing to the Chief Executive. Such nominee will be eligible to be nominated as a candidate for election to be an Officer of the Association, or a Member of the Executive Council, or both.

[3] Notice of the AEIA’s application was published in the Commonwealth of Australia Gazette on 14 February 2019. The period of objections closed on 21 March 2019. There were no objections received.

[4] Section 158(2) of the RO Act requires the Commission be satisfied that the change or alteration has been made under the rules of the organisation. I am satisfied that this requirement was met, based on the statutory declaration of Richard Evans (AEIA’s President).

[5] Having considered the material filed in support of this application, I am satisfied that there has been compliance with the requirements of the RO Act and the Fair Work (Registered Organisations) Regulations 2009.

[6] I therefore consent to the changes to the eligibility rules sought by the AEIA. The changes will take effect on the 5 April 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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