Australian Rail, Tram and Bus Industry Union

[2014] FWCD 1980

[2014] FWCD 1980

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Rail, Tram and Bus Industry Union
(R2013/423)
MR ENRIGHT	MELBOURNE, 7 APRIL 2014
Alteration of other rules of organisation.

[1] On 25 October 2013 the Australian Rail, Tram and Bus Industry Union (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 set out alterations to rules 6; 9; 35; 41; 43; 47; 48; 50; 51; 52; 55; 58;

67; 74; 77; 82; 87; 88; 125; 130; 131; 132; 133; 134; 135; 136; 137A; 173; 179 and 179A of
the rules of the organisation.

[3] On 4 November 2013 the organisation lodged further correspondence in relation to the

application which set out further particulars. The further particulars included proposed
alterations to rules 71 and 75 of the organisation.

[4] On 28 November 2013 the Commission wrote to the organisation to request further

information and to seek consent to correct some typographical, clerical or formal errors in
relation to the application.

[5] On 18 December 2013 the organisation lodged further correspondence and also

consented to correcting the typographical, clerical or formal error in rule 179(2), pursuant to
subsection 159(2) of the Fair Work (Registered Organisations) Act 2009.

[6] On 7 February 2014 the Commission again wrote to the organisation and advised that the proposed alterations to rule 71(1) and 75(3) would create ambiguity to the organisation’s rulebook, and also sought consent to correct further typographical, clerical or formal errors in relation to the application.

[7] On 18 February 2014 the organisation lodged correspondence seeking to withdraw the

proposed alteration to rule 71(1), and also consented to correcting several typographical,
clerical or formal errors in rules 130(2) ands 136(1) of the rules of the organisation.

[8] On 21 March 2014 the organisation confirmed by email that in addition to

withdrawing the proposed alteration to rule 71(1) it also sought to withdraw the proposed
alteration to rule 75(3).
[2013] FWCD 8441

[9] I am satisfied that the proposed alterations to rules 71(1) and 75(3) are severable from

the other alterations contained in the notice of particulars, in light of the principles set out by
the majority in Re Food Preservers’ Union of Australia (1998) 79 ALR 138.

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

[11] In my opinion, the alterations, with the exception of the proposed alterations to rules 71(1) and 75(3), comply with and are not contrary to the Fair Work (Registered

Organisations) Act 2009, 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

Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer
<Price code A, PR548946>