Australian Property Services Association - New South Wales Branch

[2014] FWCD 3483

[2014] FWCD 3483

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Property Services Association
(R2014/115)
MR ENRIGHT	MELBOURNE, 11 SEPTEMBER 2014
Alteration of other rules of organisation.

[1] On 12 May 2014, the New South Wales Branch (the Branch) of the Australian Property Services Association lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the New South Wales Branch of the Australian Property Services Association (the Branch Rules).

[2] The particulars provide for the insertion of new sub-rules 24.1 to 24.16 into, and a minor alteration to rule 24 of, the Branch Rules. 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] The particulars also provide for alterations to rules 1, 4, 5, 8, 10 and 20 of, and the Form of Appointment of Proxy appended to, the Branch Rules.

[4] On 26 August 2014, the Fair Work Commission wrote to the Branch requesting the

lodgement of a declaration which complied with the requirements set out in regulation 126(2)
of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations).

[5] On 27 August 2014, Patricia Ellis, Branch Secretary of the Branch lodged a further declaration which complied with regulation 126(2) of the Regulations.

[6] Regulation 126(1) of the Regulations requires an alteration of the rules of a registered organisation to be lodged within 35 days after it is made or within any additional period that the General Manager (or the Delegate of the General Manager) may allow. The alterations were made by resolution during a Special General Meeting of 25 March 2014.

[7] Contained with the further declaration of Patricia Ellis lodged on 27 August 2014 is a request for an extension of time to lodge the notice of particulars. The request provides that the reason for the delay in lodging the notice of particulars was that the Branch was unaware of the requirement to lodge it within 35 days after the rule alterations were made.

[2014] FWCD 3483

[8] Pursuant to regulation 126(1) of the Regulations, I will grant the Branch an additional period of time to lodge the notice of particulars on 12 May 2014.

[9] On the information contained in the notice, and the further declaration lodged on 27 August 2014, I am satisfied the alterations have been made under the rules of the organisation.

[10] On 26 August 2014, Patricia Ellis, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, 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:

 The word “members” as it appears in proposed sub-rule 24.1(a)(2) has been omitted

and replaced with the word “member”.

 The word “Treasure” as it appears in proposed sub-rule 24.3 has been omitted and

replaced with the word “Treasurer”.

[11] 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.

DELEGATE OF THE GENERAL MANAGER

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