Australian Rail, Tram and Bus Industry Union

[2014] FWCD 298

[2014] FWCD 298

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Rail, Tram and Bus Industry Union
(R2013/51)
MR ENRIGHT	MELBOURNE, 13 JANUARY 2014
Alteration of other rules of organisation.

[1] On 11 July 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 provided for the insertion of new rules sub-rules 15; 16; 17; 18 and 19 into the existing rule 21 of the rules of the organisation. 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 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the organisation on 12 July 2013 providing a summary of the further amendments, and advised that the organisation may wish to consider the implications of the changes upon the proposed alterations.

[4] On 27 November 2013 the Commission wrote to the organisation to outline further

requirements and suggestions identified by the Commission in relation to the proposed
alterations.

[5] On 2 December 2013 the Commission wrote to the organisation to clarify the

identified requirements with specific citations to the rulebook of the organisation and
legislative interpretation.

[6] On 30 December 2013 the organisation lodged an amended notice and declaration, setting out amended particulars of the proposed new sub-rules.

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

[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

[2014] FWCD 298

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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