Australian Salaried Medical Officers Federation

[2018] FWCD 1228

[2018] FWCD 1228

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Salaried Medical Officers Federation

(R2018/7)

MURRAY FURLONG MELBOURNE, 13 March 2018

Alteration of other rules of organisation.

1. On 9 January 2018 the Australian Salaried Medical Officers Federation (the Federation) 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 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 and 74, deleted Rules 7A, 40A, 40B, 40C, 40D, 40E, 44A, 45A, 55A and 63A and inserted new Rules 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88 and 89.

1. On 15 January 2018 the Federation confirmed that notice of the lodgment has been placed on its website. On 27 February 2018 it provided further information which confirmed that an aspect of its rule altering procedure had been complied with.

1. The alterations replace the Federation’s current rules other than those rules that relate to the conditions of eligibility for membership and the description of the industry in connection with which the organisation is registered, which remain undisturbed.,

1. The alterations include:

·reordering the rules so they are simpler to navigate;

·recasting the rules in plain language;

·streamlining and modernising the manner in which people become members of the Federation;

·specifying more fully the rights of members;

·altering the composition of the Federal Council;

·altering the composition of the Branch Councils of the Federation’s Branches;

·deleting rules that require disclosure of the officers’ remuneration and material personal interests and mandate training for officers whose duties relate to the Federation’s financial management, as those matter are now dealt with directly by the Fair Work  (Registered Organisations) Act 2009 (the Act); and

·clarifying the:

·   circumstances in which members of associated bodies are admitted to membership of the Federation, the basis of their admission, the financial obligations of membership offered on this basis and the circumstances where membership obtained in this way might cease,

·  particulars which are entered into the register of members and he duties associated with keeping that register,

·  circumstances in which the Federal Council, Federal Executive, Branch Councils and, where relevant, Branch Executives meet;

·  minute keeping obligations of various collective bodies within the Federation,

·   powers, duties, functions and responsibilities of various office holders at Federal and Branch level,

·  constitution of the General Fund and the way it and the Branch Funds are administered,

·  manner in which Branch Council vacancies are filled if insufficient nominations are received in an election for Branch Councillors, and

·  circumstances in which a member of the Federation has committed misconduct and the disciplinary processes which might follow.

1. In addition, suitable transitional arrangements have been put in place and redundant transitional provisions associated with previous rule changes have been deleted.

1. The alterations are the culmination of a detailed process of engagement and refinement involving ASMOF, its solicitors and officers of the Fair Work Commission’s Registered Organisations Section for a period of approximately 12 months.

1. In my view, the rights, and obligations of membership are clearer under the proposed rules. So are the powers, duties and obligations of holders of office and collective bodies within the Federation. Making the rules simpler to understand and apply and making clearer rights and obligations which arise under rules will ostensibly facilitate more effective operation by the Federation, higher degrees of accountability to its members and to encourage members to participate in its affairs. Each of these outcomes is consistent with the Parliament’s intention in enacting the Act.

1. On 18 February 2018 the Federation’s solicitors gave me consent, under subsection 159(2) of the Act, to amend the alterations for the purpose of correcting a typographical, clerical or formal error. Accordingly the following corrections have been made:

·        In proposed rule 82(4) the reference to rule 33(11) has been amended to read 33(6).

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

1. In my opinion, the alterations comply with and are not contrary to the 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 Act.

DELEGATE OF THE GENERAL MANAGER

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