Australian Road Transport Industrial Organization

[2017] FWCD 5545

[2017] FWCD 5545

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Road Transport Industrial Organization

(R2017/221)

MURRAY FURLONG MELBOURNE, 10 NOVEMBER 2017

Alteration of other rules of organisation.

1. On 27 September 2017 the Australian Road Transport Industrial Organization lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.

1. The particulars set out alterations to Rules 31, 41A and 41B (National rules) and Branch Rules 12, 14, 24A and 24B.

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

Background

1. The Fair Work (Registered Organisations) Amendment Act 2012 required the rules of organisations to include provisions compelling 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.

1. The Fair Work (Registered Organisations) Amendment Act 2016 repealed those requirements and introduced statutory disclosure obligations relating to remuneration paid to officers and material personal interests of officers. It also restricts disclosing officers from taking part in decision making in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.

The alterations

1. The alterations remove from the National and Branch rules the substantive provisions dealing with financial management training and special disclosures and insert in their place new provisions which refer to the financial management training and disclosure obligations imposed on the organisation by Part 2A of Chapter 9 the Fair Work (Registered Organisations) Act 2009.

1. In addition, alterations have been made to the organisation’s election rules. Alterations to the National and Branch rules provide that a person elected to fill a casual vacancy will hold office for the remainder of the term. This ensures that subsequent elections for the relevant office will synchronise with the existing electoral cycle. A further alteration to the Branch rules provides that where a secret postal ballot is required, it must be taken within 10 days of nominations closing. I note that this is a longer period than the seven days currently stipulated in the rules.

1. In my opinion, the alterations 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

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