Australian Salaried Medical Officers Federation

[2015] FWCD 527

[2015] FWCD 527

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Salaried Medical Officers Federation
(R2014/327)
MR ENRIGHT	MELBOURNE, 23 JANUARY 2015
Alteration of other rules of organisation.

[1]        On 19 December 2014, the Australian Salaried Medical Officers Federation

(ASMOF) lodged with the Fair Work Commission a notice and declaration setting out

particulars of alterations to the rules of ASMOF.

[2]        The particulars set out the insertion of new rules 7A, 8(3A), 8(5A), 45A and 74 into,

and an alteration to rule 13(8) and the deletion of existing rule 74 of, the rules of ASMOF.

[3]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of ASMOF.

[4]        The most significant effect of the alterations is to abolish the Commonwealth Branch

and establish a new Northern Territory Branch of ASMOF. Pursuant to new rule 74, this

restructure of branches will not occur immediately upon certification of the alterations.

[5]        I am satisfied that the alterations do not impose a condition, obligation or restriction

that is “oppressive, unreasonable or unjust” for the purposes of section 142(1)(c) of the Fair

Work (Registered Organisations) Act 2009 and are readily distinguishable from the

circumstances set out in authorities such as Bramich v Transport Workers’ Union of Australia

(2000) 97 FCR 204.

[6]        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.
[2015] FWCD 527

DELEGATE OF THE GENERAL MANAGER

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