"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)
[2014] FWCD 127
•7 January 2014
[2014] FWCD 127
DECISION
| Fair Work (Registered Organisations) Act 2009 |
| s.159—Alteration of other rules of organisation |
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union" known as the Australian Manufacturing Workers' Union (AMWU)
(R2013/420)
| MR ENRIGHT | MELBOURNE, 7 JANUARY 2013 |
| Alteration of other rules of organisation. |
[1] On 23 October 2013 the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (the
AMWU) lodged with the Fair Work Commission (the Commission) a notice and declaration
setting out particulars of alterations to the rules of the AMWU.
[2] The particulars set out alterations to rule 8A.6(b) & 8A.7(b) of the rules of the
AMWU.
[3] In accordance with the requirements of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) the AMWU previously lodged an application on 11 April 2013 to alter the rules of the AMWU, in order to 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 AMWU. These alterations were certified in matter R2013/59 on 23 May 2013. That application included the insertion of sub- rules 8A.6(b) & 8a.7(b).
[4] On 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the AMWU on 12 July 2013 providing a summary of the further amendments and the implications such changes may have upon the required rules of organisations.
[5] In response to such advise, the alterations to rules 8A.6(b) & 8a.7(b) in the current
application incorporate the new provisions in section 148C(2A) of the Amendment Act as a
result of the abovementioned legislative amendments.
[6] On 16 December 2013 the Commission wrote to the AMWU and requested written confirmation that a notice of the alterations had been published on the AMWU website, in accordance with Regulation 126(1)(b) of the Fair Work (Registered
Organisations)Regulations 2009.
[7] On 20 December 2013 the AMWU provided a written notice as requested, confirming
that the notice of the alterations had been published on the AMWU website.
[2013] FWCD 9857
[8] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
[9] 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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