Australian Hotels Association

[2021] FWCD 1107

[2021] FWCD 1107

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Hotels Association

(R2020/216)

MURRAY FURLONG MELBOURNE, 2 MARCH 2021

Alteration of other rules of organisation.

1. On 4 December 2020 the Northern Territory Branch of the Australian Hotels Association (the Branch) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.

1. The particulars set out alterations to the following rules:

·   Rule 2 – Definitions;

·   Rule 10 - Affairs of the Branch;

·   Rule 11 - Constitution of the Board;

·   Rule 12 – Executive;

·   Rule 14 – Elections;

·   Rule 15 - Casual Vacancies;

·   Rule 25 - Branch Divisions; and

·   Rule 29 - Associate Members.

In addition, the particulars delete Rule 34 – Transitional Board and Executive.

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

1. The alterations to Rules 2, 10, 11 and 25 work together. They clarify which division a member will be attached to in order to participate in the Branch’s affairs and elect representatives to the collective bodies which manage it. The specified divisions generally reflect the types of licence authority that the member holds under the Liquor Act 2019 (NT).[1]

1. The alterations to Rules 12 and 15 correct internal inconsistencies that were introduced when other rule alterations were certified in 2018.[2]

1. The alteration to Rule 29 clarifies who is entitled to seek associate membership of the Branch.

1. The alteration to Rule 14 and the deletion of Rue 34 remove obsolete transitional provisions

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

[1] See for instance section 47 of the Liquor Act 2019.

[2] See R2018/296.

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