Australian Higher Education Industrial Association

[2014] FWCD 8873

[2014] FWCD 8873

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Higher Education Industrial Association
(R2014/291)
MR ENRIGHT	MELBOURNE, 15 DECEMBER 2014
Alteration of other rules of organisation.

[1] On 26 November 2014 the Australian Higher Education Industrial Association (the

organisation) lodged with the Fair Work Commission (the Commission) a notice and
declaration setting out particulars of alterations to the rules of the organisation.

[2] The particulars provide for the insertion of a new paragraph into sub-rule 26A(4) of the rules of the organisation.

[3] In accordance with the requirements of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) the organisation previously lodged an application

on 26 November 2013 to alter its rules for the purpose of complying with provisions of the Amendment Act regarding the rules of registered organisations. In particular, those alterations provided 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. The alterations were certified in matter R2013/85 on 20 December 2013.

[4] In my decision of 20 December 2013 [PR545974] I noted the following in relation to

the mandatory training of officers with duties that relate to the financial management of the
organisation:

“[5] ..... The rules must require the officer to complete the training within 6 months after the person begins to hold the office. As sub rule 26A(4) omits a reference to 6 months after the person begins to hold the office, the rule will not meet all of the requirements of section 154D.”

[5] On 30 April 2014 the organisation wrote to the Commission and advised that it would proceed to make the further rule change referred to above at the next Annual General Meeting, which was scheduled for 28 October 2014. Accordingly, the resolution was passed on 28 October 2014 and the notice and declaration was lodged with the Commission.

[6] The alteration was made for the purpose of completing the organisation’s compliance with provisions of the Amendment Act regarding the rules of registered organisations. In particular, the alteration provides that the mandatory training of officers with duties that relate to the financial management of the organisation must be completed within 6 months of commencing to hold an office.

[2014] FWCD 8873

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

[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.

DELEGATE OF THE GENERAL MANAGER

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