Australian Hotels Association

[2024] FWCD 1040

[2024] FWCD 1040

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Hotels Association

(R2024/67)

CHRIS ENRIGHT MELBOURNE, 6 SEPTEMBER 2024

Alteration of other rules of organisation.

1. On 17 May 2024 the South 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 rules of the South Australian Branch. Further materials in support of the alterations were lodged on 23 July 2024.

1. The Branch seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).

1. On the information contained in the notice, the declaration and the further information supplied by the Branch on 23 July 2024, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to Branch Rules 17, 18, 20, 51, and 52.

Suspension of alterations

1. During a preliminary examination of alterations, the Commission staff identified potential issues associated with proposed alterations to:

   · Rule 17 – Branch Council; and

   ·   Rule 51 – Accommodation Hotels Division, subrules 51(b) and 51(c).

1. On 23 August 2024, the Commission staff wrote to the Branch about the proposed alterations to Rules 17 and subrules 51(b) and 51(c). The Commission recommended consideration of those alterations be held over, to allow the Branch to obtain further advice and if necessary, make submissions about those alterations. In response, on 5 September, the Branch accepted the Commission’s recommendation.

1. I have considered the principles set out by the majority in Re Food Preservers’ Union of Australia (1988) 79 ALR 138. I am satisfied that the remaining alterations operate independently of the alterations to Rules 17 and subrules 51(b) and 51(c) and severance will not affect the meaning and effect of the remaining alterations.

Remaining alterations

1. In summary, the remaining alterations:

   ·   update rule references and terminology;[1] and

   ·   remove gender specific language.[2]

1. With the exception of Rule 17 and subrules 51(b) and 51(c), in my opinion, the alterations 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 proposed Branch Rules 18, 20 & 51.

[2] See proposed Branch Rule 52.

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