Australian Salaried Medical Officers Federation

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Salaried Medical Officers Federation, the Fair Work Commission was presented with a notice of changes to the Federation’s rules. The proposed changes included the introduction of new rules and the modification of existing ones, most notably the abolition of the Commonwealth Branch and the establishment of a Northern Territory Branch. The matter was brought before the Commission to ensure these alterations complied with the Fair Work (Registered Organisations) Act 2009.

The primary legal issue the Commission had to resolve was whether the proposed rule changes were oppressive, unreasonable, or unjust, and whether they contravened any relevant laws. The Commission needed to determine if the restructuring of the Federation's branches was fair and lawful under the Act, taking into account the potential impact on members and the Federation's operations. Additionally, the Commission assessed if these changes aligned with modern awards, enterprise agreements, and other pertinent legislative frameworks.

Upon reviewing the notice and declaration, the Commission was satisfied that the proposed alterations were made in accordance with the Federation’s rules. The changes were deemed to neither impose oppressive conditions nor contravene any statutory requirements. The Commission found that the rule changes were not contrary to the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, or any applicable awards and agreements. Consequently, the Commission certified the alterations as compliant with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established