Australian Public Transport Industrial Association

[2013] FWCD 9232

[2013] FWCD 9232

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Public Transport Industrial Association
(R2013/47)
MR ENRIGHT	MELBOURNE, 22 NOVEMBER 2013
Alteration of other rules of organisation.

[1] On 20 June 2013, the Australian Public Transport Industrial Association (the APTIA)

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

[2] The particulars set out alterations to rule 3 of, and the insertion of new rules 48, 49, 50, 51 and 52 into, the rules of the APTIA. 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 20 August 2013, the Commission wrote to the APTIA seeking confirmation whether the requirement regarding quorum set out in rule 38 of the rules of the APTIA was met during the special general meeting of the APTIA on 18 June 2013 during which the relevant rule alterations were made.

[4] On 20 August 2013, the APTIA lodged a further declaration stating that the quorum

requirement set out in rule 38 of the rules of the APTIA was met during the special general
meeting of 18 June 2013.

[5] On the information contained in the notice, and the further documentation lodged on

20 August 2013, I am satisfied the alterations have been made under the rules of the
organisation.

[6] On 20 August 2013, Mr Wayne Patch, Chairperson of the APTIA, 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:

[2013] FWCD 9232

 In proposed sub-rule 52(B), the words “six months” have been inserted immediately after the words “take place within” and before the words “of the person assuming office” and the words “sub-rule B” have been omitted and replaced with the words “sub-rule A”.

 In proposed sub-rule 49(C), the words “An organisation” as they appear at the

commencement of that sub-rule have been omitted and replaced with the words “The

organisation”.

 In proposed sub-rule 50(A) the words “an organisation” as they appear immediately after the words “Each officer of” and before the words “shall disclose” have been omitted and replaced with the words “the organisation”.

 In proposed sub-rule 50(C), the words “An organisation” as they appear at the

commencement of that sub-rule have been omitted and replaced with the words “The
organisation”.

[7] 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.

[8] 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 as modified by item 38 of

Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

[2013] FWCD 9232

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