Australian Federation of Air Pilots

[2016] FWCD 746

[2016] FWCD 746

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Federation of Air Pilots
(R2015/244)
MR ENRIGHT	MELBOURNE, 17 FEBRUARY 2016
Alteration of other rules of organisation.

[1]        On 5 November 2015 the Australian Federation of Air Pilots (the organisation) lodged

with the Fair Work Commission a notice and declaration setting out particulars of alterations

to the rules of the organisation.

[2]        The particulars set out alterations to rules 2, 4, 8, 9, 11 and 12. These alterations

include the inclusion of the Tigerair Council after such time of the next federal election of the

organisation. The alterations also modify the powers and duties of the offices of President,

Vice President (Administration and Finance), Vice President (Membership) and Trustees.

[3]        Some notable changes have been made to the offices listed above. Significantly, the

power to interpret the rules of the organisation no longer forms part of the office of President

but is a duty of the Trustees. Additionally, the duties of the Vice President (Membership) are

clearly articulated, with the responsibility to maintain lists of members forming part of that

office, and no longer a duty of the Vice President (Administration and Finance). These are

examples, not an exhaustive list of the alterations to the powers and duties of the offices listed

above.

[4]        The question arises as to whether the powers and duties of the offices have been

altered to such an extent that, in effect, the existing offices have been abolished and new

offices created, and if so whether this imposes oppressive, unreasonable or unjust conditions

on members. Despite the significant alterations to the rules regarding the offices, I do not

consider them to be changed to such an extent that, de facto, new offices have been created

within the organisation. Consequently I do not consider the alterations impose unreasonable,

oppressive or unjust conditions on members.

[5] On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.
[2016] FWCD 746

[6]        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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