Australian Institute of Marine and Power Engineers, the

Case

[2014] FWCD 8634

3 December 2014

No judgment structure available for this case.

[2014] FWCD 8634

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Australian Institute of Marine and Power Engineers
(R2013/22)
MR ENRIGHT MELBOURNE, 3 DECEMBER 2014
Alteration of other rules of organisation.

[1] On 20 February 2014 The Australian Institute of Marine and Power Engineers (the

organisation) lodged with the Fair Work Commission (the Commission) a notice and
declaration setting out particulars of alterations to the rules of the organisation.

[2] The particulars provide for the insertion of new rules 20; 21; 22B; 22C; 22D and 22E into the rules of the organisation, and an alteration to the title of rule 22. 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 and the
implementation of policies relating to expenditure.

[3] On 1 April 2014 the Commission wrote to the organisation to outline further

requirements identified by the Commission in relation to the declaration and proposed
alterations.

[4] On 15 May 2014 the organisation responded to the Commission’s correspondence and indicated that a further rule alteration process would commence immediately.

[5] On 13 June 2014 the organisation lodged with the Fair Work Commission a further notice and declaration setting out amended particulars of the proposed alterations. In addition to the particulars outlined at [2] above, the particulars provide for the insertion of a new rule 22F, which provides for the mandatory training of officers with duties that relate to the financial management of the organisation, as well as additional provisions in relation to branch disclosures. The declaration provides the date on which the resolution was passed, and confirmation that the notice of alteration was published on the organisation’s website, as requested.

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

[7] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (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.

[2014] FWCD 8634

DELEGATE OF THE GENERAL MANAGER

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