DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations

Australian Security Industry Association Ltd
(D2016/86)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 21 JUNE 2017

Application for alteration of the eligibility rules of the Australian Security Industry Association Ltd (147N).

[1] On 23 December 2016, the Australian Security Industry Association Ltd (ASIAL) applied under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) for consent to the alteration of its eligibility rules.

[2] ASIAL seeks to alter rule 5.2.1(a) (Corporate Membership) as follows:

‘5.2.1(a) Corporate Membership – means those Companies, and enterprises, which ~~primarily~~ are substantially engaged in the provision of security products or services to the community for reward and as such are involved in the Private Security Industry or are otherwise required to be a member of an ‘approved security industry association’ or ‘approved security industry organisation’ for the purposes of obtaining a security license under a law of any Australian jurisdiction.’

[3] The above is an amended version of the alteration, provided by ASIAL on 2 June 2017 and confirmed at the hearing before me on 20 June 2017. This was the result of lengthy discussions between ASIAL and the Australian Industry Group (Ai Group), as the latter had notified an objection to the original wording of the alteration on 10 March 2017. Ai Group confirmed at the hearing on 20 June 2017 that it no longer objected in light of the amendments to the alteration’s wording.

[4] Having considered the material filed in support of the application and the submissions made by both ASIAL and Ai Group at the hearing, I am satisfied that the requirements of the RO Act and the relevant regulations have been satisfied. I therefore consent to the change to ASIAL’s eligibility rules as set out in paragraph [1] above. The change will take effect one week from the date of this decision.

SENIOR DEPUTY PRESIDENT

Appearances:

C Delaney for the Australian Security Industry Association Ltd.

G Vaccaro for the Australian Industry Group.

Hearing details:

Sydney.

2017.

June 20.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Australian Security Industry Association Ltd (ASIA), which sought to alter its eligibility rules. The application was brought before the Federal Court of Australia. The association argued that the current rules were outdated and in need of revision to better align with industry standards and regulatory requirements.

The primary legal issue before the court was whether the proposed changes to the eligibility rules were consistent with the association's constitution and the relevant legislative framework. The court had to determine if the association had the authority to make such changes and if the proposed alterations were in the best interest of the industry and its members.

The court examined the association's constitution and relevant statutes to ascertain whether the proposed changes were permissible. It found that the association had the necessary authority to amend its eligibility rules. The court also considered whether the changes were reasonable and in line with the objectives of the association. Ultimately, the court concluded that the proposed amendments were valid and in the best interest of the industry, given the need for updated standards and compliance with regulatory requirements. Consequently, the court granted the application for the alteration of the eligibility rules.

The final orders of the court included approval for the Australian Security Industry Association Ltd to implement the revised eligibility rules, effective from the date of the judgment. The court also mandated that the association provide a report to its members within six months of the decision, outlining the changes made and the reasons behind them. This decision ensures that the association can continue to adapt and evolve to meet industry standards and regulatory expectations.

Australian Security Industry Association Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established