Australian Meat Industry Council

[2013] FWCD 9978

2013 FWCD 9978

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Meat Industry Council
(R2013/480)
MR ENRIGHT	MELBOURNE, 18 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 11 December 2013 the Australian Meat Industry Council (the organisation) lodged

with the Fair Work Commission a notice and declaration setting out particulars of alterations
to its rules.

[2] The particulars provide for the insertion of new rules 32A and 32B into the rules of the organisation and for the alteration of existing rule 75. 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, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

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

[4]        One matter arising from the alterations warrants comment.

[5] Disclosures contemplated by sections 148A, 148B or 148C of the Amendment Act will be made by the organisation in the Notes which form part of the general purpose financial report prepared in accordance with Part 3 of Chapter 8 of the Fair Work (Registered

Organisations) Act 2009 (the RO Act) (see rules 32A.4, 32A.8 and 32A.11).

[6] Section 266(1) of the RO Act requires the “full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5))”. Subsection 265(5) allows an extension of “no more than one month”. Subsections 148A(8)(b), 148B(6)(b) and 148C(4)(b) of the Amendment Act mandate rules in which the relevant disclosures are made to members of the organisation “within 6 months after the end of the financial year or shorter period, or within such longer period as the General Manager allows”.

[7] If the organisation does not provide its general purpose financial report to members within six months of the end of its financial year, the disclosures to members required by the Amendment Act will also not be made within that six month period. Various extensions of time would then need to be sought. Neither the extension of time referred to in subsection 265(5) of the RO Act nor those in subsections 148A(8)(b), 148B(6)(b) and 148C(4)(b) of the Amendment Act are available as of right.

[8] Given the confluence of the periods in subsection 265(5) of the RO Act and subsections 148A(8)(b), 148B(6)(b) and 148C(4)(b) of the Amendment Act and the fact that extensions of time are potentially available in relation to each of those matters, the relevant alterations comply with and are not contrary to the RO Act as modified by the Amending Act. That said, in certifying the relevant alterations I expect the organisation to use its very best endeavours to ensure that the full report is provided to the members of the organisation within a period of 6 months starting at the end of each financial year.

[9] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on 1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[10] In my opinion, the alterations comply with and are not contrary to 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 as modified by item 38 of Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

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