Australian Security Industry Association Ltd

[2013] FWCD 8751

[2013] FWCD 8751

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Security Industry Association Ltd
(R2013/293)
MR ENRIGHT	MELBOURNE, 8 NOVEMBER 2013
Alteration of other rules of organisation.

[1] On 6 June 2013, the Australian Security Industry Association Ltd (the ASIAL) lodged

with the Fair Work Commission (the Commission) a notice and declaration setting out
particulars of alterations to the rules of the ASIAL.

[2] The particulars provide for the insertion of new article 19.A into 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 18 October 2013, the Commission wrote to the ASIAL requesting the lodgement

of a further declaration conforming to the requirements set out in regulation 126(2) of the Fair
Work (Registered Organisations) Regulations 2009 (the Regulations).

[4] On 23 October 2013, the ASIAL lodged a further declaration in accordance with regulation 126(2) of the Regulations.

[5] On the information contained in the notice, and the further declaration lodged on 23 October 2013, I am satisfied the alterations have been made under the rules of the organisation.

[6] On 23 October 2013, Mr Kevin McDonald, President of the ASIAL gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

 In proposed sub-article 19.A.1(a) the words “the Board” as they appear immediately after the words “because the Officer is a Member of” were omitted and replaced with the words “a Board”.

[2013] FWCD 8751

[7] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on 1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[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 2009, modern awards and enterprise agreements, and are not otherwise contrary to law. I

certify accordingly under subsection 159(1) of the RO Act as modified by item 38 of

Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

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