Australian Hotels Association
[2024] FWCD 1053
•14 OCTOBER 2024
| [2024] FWCD 1053 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Hotels Association
(R2024/65)
| CHRIS ENRIGHT | MELBOURNE,14 OCTOBER 2024 |
Alteration of other rules of organisation.
On 14 May 2024 the Western Australian Branch of the Australian Hotels Association (the Branch) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the Western Australian Branch rules. Further material in support of the alterations was lodged on 18 July 2024 and 4 September 2024.
The Branch seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).
On the information contained in the notice and declaration and further material lodged, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out alterations to Branch Rules 1, 3 – 23, 26 – 32, 34, 35, 37, 38, and 39.
On 18 July 2024 the Branch withdrew the alterations to Subrule 3(d) and Rules 4 and 5.
On 2 September 2024 I certified the alterations to Rules 1, 3 (except Subrule 3(d)), 6 – 8, 10 – 16 (except Subrules 16 G(b) and 16 G(c)), 17 – 23, 26 – 30, 32, 34, 35, 37, 38 and 39.[1]
On 4 September 2024 the Branch withdrew the alterations to Rules 9 and 31.
The alterations to Subrules 16 G(b) and 16 G(c) are minor and uncontroversial. They update legislative references. They were withheld from certification in the earlier decision because the references were incorrectly made to the “FW Act” (i.e. the Fair Work Act 2009) rather than the Act.
On 4 September 2024 Branch President Neil Randall gave consent under subsection 159(2) of the Act for me to amend the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly, the following corrections have been made:
· In proposed Subrules 16 G(b) and 16 G(c), references to the “FW Act” are changed to “FW(RO) Act”.
In my opinion, the alterations to Subrules 16 G(b) and 16 G(c) comply with and are not contrary to the Act, the Fair Work Act 2009, modern awards and enterprise agreements, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.
DELEGATE OF THE GENERAL MANAGER
[1] See [2024] FWCD 1047; PR778814. See also [2024] FWCD 1047; PR779576 dated 26 September 2024.
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