Australian Nursing and Midwifery Federation

[2014] FWCD 15

[2014] FWCD 15

FURTHER DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Nursing and Midwifery Federation
(R2013/442)
MR ENRIGHT	MELBOURNE, 2 JANUARY 2014
Alteration of other rules of organisation.

[1] On 27 November 2013 I issued a decision in respect of alteration of other rules of the Australian Nursing and Midwifery Federation ([2013] FWCD 9167).

[2] On 2 December 2013, Yvonne Chaperon, Assistant Federal Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009 (the RO Act), for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

 In proposed rule 5(b)(ii) ‘disctribute’ is replaced by ‘distribute’;

 In proposed rule 5(c)(iv) ‘necesary’ is replaced by ‘necessary’ and ‘officer’s’ is

replaced by ‘officers’; and

 In proposed rule 8(b) ‘sub rule (b)’ is replaced by ‘sub rule (a)’.

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

[4] In the abovementioned letter dated 2 December 2013, the organisation also provided consent to remove proposed sub rule 7(c)(ii) as it appears to duplicate rule 7(b). From 1 January 2014, section 148C(3) of the RO Act will exempt the organisation and branches from disclosing payments to related parties which are amounts deducted from remuneration payable to officers or employees. Both proposed sub rule 7(c)(ii) and rule 7(b) provide for this exemption.

[5] As stated in the previous paragraph, proposed sub rule 7(c)(ii) appears to be a duplicate of proposed rule 7(b). However it is not a word for word repeat and creates slightly different obligations than those which rule 7(b) creates. Sub rule 7(c)(ii) limits the exempted disclosures to instances where the related party is an officer or an employee. Rule 7(b) does not limit the exempted disclosures to instances where the related party is an officer or an employee. Although proposed sub rule 7(c)(ii) does not seem to pose any harm, it is an error of substance. As it is a question of substance, and not a typographical, clerical or formal error, it cannot be corrected under subsection 159(2) of the RO Act.[1]Therefore I have not corrected

[1]Health Services Union (R2009/10049) [2009] FWAD 1028.

[2014] FWCD 15

proposed sub rule 7(c)(ii). However, for the sake of clarity, the organisation may wish to

consider removing sub rule 7(c)(ii) when it next makes alterations to rules.

DELEGATE OF THE GENERAL MANAGER

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