Australian Hotels Association
[2021] FWCD 331
•27 JANUARY 2021
| [2021] FWCD 331 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Hotels Association
(R2021/6)
| MURRAY FURLONG | MELBOURNE, 27 JANUARY 2021 |
Alteration of other rules of organisation.
On 22 January 2021 the Tasmanian Hospitality Association Branch (the Branch) of the Australian Hotels Association (the Association) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to their Branch Rules.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
The particulars insert new Branch Rule 14A – Terms of Office during COVID-19 pandemic – 2020-2021.
This new Branch Rule sets out provisions for the current term of office for the positions of Divisional representatives to Council, Divisional Vice-Presidents (from each Division), President and Treasurer, to be extended until 2022. Effectively, these single year terms of office become two-year terms. The Rule further provides that after 2022 the term of office reverts to a single year.
The alterations proposed by the Branch in the current application have, in essence, adopted a formulation which was proposed recently by its National office and certified by me in R2020/171.[1]
For the reasons provided in my earlier Decision[2], I am satisfied that these alterations are an appropriate and proportionate response to the circumstances presented by the COVID-19 pandemic. I therefore agree to certify the alterations.
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] [2020] FWCD 5821
[2]
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