Australian Higher Education Industrial Association

[2013] FWCD 10022

[2013] FWCD 10022

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Higher Education Industrial Association
(R2013/85)
MR ENRIGHT	MELBOURNE, 20 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 26 November 2013 the Australian Higher Education Industrial Association lodged

with the Fair Work Commission a notice and declaration setting out particulars of alterations
to the rules of the Australian Higher Education Industrial Association.

[2] The particulars provide for the insertion of new rule 26A into the rules of the organisation. 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 alterations largely incorporate the requirements of the Amendment Act. However, for the following reasons, I believe 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 154D of the RO Act will mandate that the rules of an organisation must require each officer of the organisation or the branch (as the case may be) whose duties include duties (financial duties) that relate to the financial management of the organisation or branch (as the case may be) to undertake training approved by the General Manager under section 154C; and that covers each of the officer’s financial duties. 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.

[6] Notwithstanding the omission noted above, the substance of the rule alterations does comply with the statutory requirements. Although further alterations are needed this does not prevent the certification of the alterations that have been made. However, the omission of the reference to 6 months after the person begins to hold office 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 10022

[7] 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.

[8] In my opinion, the alterations comply with and are not contrary to 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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