Australian Trainers' Association

Case

[2014] FWCD 7430

22 October 2014

No judgment structure available for this case.

[2014] FWCD 7430

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Trainers' Association
(R2013/77)
MR ENRIGHT MELBOURNE, 22 OCTOBER 2014
Alteration of other rules of organisation.

[1] On 21 August 2014 the Australian Trainers' Association (the organisation) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to 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.

[2] The particulars set out alterations to rules 2, 5A, 12, 13, 14, 19, 22, 23, 26, 27, 28, 35, 37 and 41 of the rules of the organisation. In particular, the alterations provide for specified disclosures, the implementation of policies relating to expenditure, the mandatory training of officers with duties that relate to the financial management of the organisation and updating references to legislation.

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

[4] On 17 October 2014 and 21 October 2014, Mr John Alducci, Chief Executive Officer, 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 rule 22(5)(A)(a)(ii): ‘Assocaation’ is replace with ‘Association’.
In proposed rule 22(1): In the definition of ‘Relevant non- cash benefit’ the space is
removed.
In proposed rule 22(4)(D): A colon replaces the full stop after the word ‘made’.
In proposed rule 23: A space is inserted between the words ‘statements’ and ‘at’.
In proposed rule 23: The comma after the word ‘successors’ is deleted.
In proposed rule 26: One comma after the word ‘successors’ is deleted.
In proposed rule 28: The letter ‘a’ at the start of the word ‘any’ is not deleted.
In proposed rule 35(e): The comma after the word ‘successors’ is deleted.
In proposed rule 35(i): One comma after the word ‘successors’ is deleted.

[2014] FWCD 7430

[5] 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.

DELEGATE OF THE GENERAL MANAGER

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